Full question:
I live in Maryland. My husband died last month. When I got to see his will after his death, I was shocked to see only a little portion of his entire estate was left to me. Legally, how much of his estate can I possibly get if I approach the court against his will?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Maryland
Answer:
If your husband left you property in his will, you can keep that. Additionally, you may claim a portion of his net estate based on whether he has surviving children:
- If there are no surviving children, you can claim one-half of the net estate.
- If there are surviving children, you can claim one-third of the net estate.
The net estate is defined as your husband's property that passes by will, excluding state and federal estate or inheritance taxes, but deducting funeral expenses, family allowances, and enforceable claims and debts against the estate.
According to Maryland law (Md. ESTATES AND TRUSTS Code Ann. § 3-203), you have the right to elect this share instead of what was left to you in the will. However, you must make this election within nine months of your husband's death or six months after the personal representative is appointed, whichever is later (Md. ESTATES AND TRUSTS Code Ann. § 3-206).
Remember, this right is personal to you and cannot be transferred (Md. ESTATES AND TRUSTS Code Ann. § 3-204). For more information on state-specific legal templates, users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.