heirs suing a surviving spouse

maryland. My mother wants to know if her children can sue her to claim their share of their deceased fathers estate. The father died in 1980, however, the surviving spouse, mother, now is seeking ways to reduce the value of her estate. Someone mentioned this option, please advise.

SEPT. 19, 2001

DEAR MUZZATTI:

Please clarify your somewhat confusing situation by answering these questions:

(1) What was her children's share of the deceased father's estate (in dollars) and why didn't they receive it then (in 1980)?

(2) Were the children specifically mentioned as beneficiaries in the father's will and was there enough money left in his estate to pay them?

It would be difficult to imagine the circumstances where a claim could be filed against your mother's estate for something that happened in your father's estate (which is totally independent and a completely separate matter--one estate should have no direct relation to the other). But it is possible that your mother could have been negligent or irresponsible in some other way that might make her liable.

SINCERELY,

[email protected]

additional information

My father died without a will. All accounts were jointly named, as was the house. The childrens portion back then would have to be the entire value at that time which could have been $400,000. No claim was ever made then, all of it went to the surviving spouse. There are five children. I think this covers the first two questions.

The reason for my writing is that my mother "heard" that a woman had to provide her son (one of two kids) with his share of his deceased father's estate when the some initiated a proceeding to claim his share. I am not sure whether a will was involved. My father had no will. There is no irresponsibility or waste in our situation, this would only be an attempt to pull out the childrens portion (if any) from the deceased estate and to minimize my mothers remaining portion so that when she passes away, our obligations will have been reduced.

SEPT. 22, 2001

DEAR MUZZATTI:

You need to get clarification on this from a local probate attorney who is familiar with Maryland's complex probate law and can interpret it correctly. I'm not familiar with Maryland law, but a reference book I consulted says:

(1) Regardless of whether there was a will or not, the surviving spouse gets 1/3 of the estate if there are children. (Estates & Trusts, Section 3-203)

(2) If the surviving children were minors (back in 1980), 1/2 of estate goes to spouse and 1/2 to children equally. If the children were not minors (back in 1980), then the first $15,000 of the estate and 1/2 of the balance of the estate goes to the spouse, and 1/2 to the children. (Estates & Trusts, Sect. 3-102 to 3-104).

Back in 1980, who was appointed personal representative (if anybody) of your deceased father's estate? It is that erson, along with any other probate attorneys or judge, who should have determined who all valid heirs were (including the children) and should have notified tham before the estate closed. You seem to imply that the court automatically awarded her everything, which would seem to have been a mistake, or maybe there was no probate process done at all.

It's very odd that the children didn't claim their share then, unless the mother did something to hide or not report assets.

I don't know whether the children have a valid claim after so much time has passed (I would guess that they still do have a claim), but if your mother stole their inheritance, she should be trying to figure out a way to leave the children something in her estate (no matter how much) to make up for her unwitting theft. It's the right thing to do.