Separated for over 20 years - can't disinherit?

[rainbowgirl]

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.

 

[BelizeBreeze]

Tell mom to smile a pops the next time he asks her to sign and then tell her to tell him "KISS MY GRITS".

A surviving spouse may claim one-third and possibly up to one-half of the probate assets, regardless of the provisions contained in the deceased spouse's Will. This prevents a spouse from being disinherited. Children do not have similar rights and may be disinherited under Maryland law.

 

[rainbowgirl]

Follow-up Question...

Thanks for your answer BelizeBreeze

You say "may claim one-third...," but what if she doesn't want to claim anything. Does probate automatically give it to her or does she have to contest the will to get it? Like I said she has no intention of contesting his will and wants him to do what he wants with his estate. She wants my sister and I to have everything.

However, she doesn't want to sign the separation agreement, because of the possibility that she may have problems getting his pension.

My question is: If she doesn't contest the will, will my sister and I get everything without problems or will the court refuse to let my Dad leave everything to us? My Mom lives in Europe and doesn't want to have to deal with dividing up his property between us. All she wants is his pension which she should receive automatically (doesn't go through probate). Will the court honor my Dad's wishes if she doesn't contest the will?

Thanks again.

 

[BelizeBreeze]

Her husband cannot, by law, disinherit her. The only way you and your sister get everything is if there are not other heirs and the will so stipulates.

If mom is so dead set against exercising her rights under the law then she needs to speak with a local probate attorney who can read the will and advise her accordingly.