rainbowgirl
Junior Member
What is the name of your state? Maryland
My parents have lived apart for over 20 years. My father recently executed a new will which leaves everything to my sister and myself and nothing to my mother.
My mother has never asked for any financial support from my father (no alimony, child support -- not even her share of his pension). She has no intention of contesting the will and only intends to apply for his pension after my father passes away, which makes sense, since my sister and I don't have a right to it anyway.
My father is now asking my mother to sign a legal separation document through which she would forfeit any right she has to his estate. He insists that her signature is necessary in order for his will to be executed. I think he is just scared that she will contest his will. I am under the impression that probate should go smoothly unless my mother asserts her right part of the estate. Am I right or wrong?
If she does sign, could she also be forfeiting her right to his pension? My mother refuses to sign and I don't blame her, but I'm a bit worried about the possibility of unnecessarily prolonging the probate process.
Do you know the answer to these questions? Thanks for any input.
My parents have lived apart for over 20 years. My father recently executed a new will which leaves everything to my sister and myself and nothing to my mother.
My mother has never asked for any financial support from my father (no alimony, child support -- not even her share of his pension). She has no intention of contesting the will and only intends to apply for his pension after my father passes away, which makes sense, since my sister and I don't have a right to it anyway.
My father is now asking my mother to sign a legal separation document through which she would forfeit any right she has to his estate. He insists that her signature is necessary in order for his will to be executed. I think he is just scared that she will contest his will. I am under the impression that probate should go smoothly unless my mother asserts her right part of the estate. Am I right or wrong?
If she does sign, could she also be forfeiting her right to his pension? My mother refuses to sign and I don't blame her, but I'm a bit worried about the possibility of unnecessarily prolonging the probate process.
Do you know the answer to these questions? Thanks for any input.