What is the name of your state? Maryland
When can a spouse claim spousal election against a will? Here is the situation: Dad wrote a computer generated, notarized will leaving all individual owned assets to two of four children, named all four in will, leaving the other two with a pittance, and mom (to whom he is still married) with what ever is left over (personal property). He even has listed to leave his share of Jt stock w/mom to two kids, which legally can't happen. All interested legal beneficiaries are named in the will, no one is left out.
At what point can mom claim spousal election against the will? Only when she is totally excluded or in this type of situation? What happens to the other % that is left after her claim-does it follow the will's original intent and designation or is the will dismissed and follows the states intestate recommendation (50% to spouse, adult children equally split other 50%)?
Dad and mom and us kids are the only marriage/children. No previous marriages or step children, etc.
I am trying to figure out how we can help mom to benefit so she is not left destitute. (PS. home is jointly owned and will go to her outside of will, thank God.)
Thank you in advance for your assistance.
When can a spouse claim spousal election against a will? Here is the situation: Dad wrote a computer generated, notarized will leaving all individual owned assets to two of four children, named all four in will, leaving the other two with a pittance, and mom (to whom he is still married) with what ever is left over (personal property). He even has listed to leave his share of Jt stock w/mom to two kids, which legally can't happen. All interested legal beneficiaries are named in the will, no one is left out.
At what point can mom claim spousal election against the will? Only when she is totally excluded or in this type of situation? What happens to the other % that is left after her claim-does it follow the will's original intent and designation or is the will dismissed and follows the states intestate recommendation (50% to spouse, adult children equally split other 50%)?
Dad and mom and us kids are the only marriage/children. No previous marriages or step children, etc.
I am trying to figure out how we can help mom to benefit so she is not left destitute. (PS. home is jointly owned and will go to her outside of will, thank God.)
Thank you in advance for your assistance.
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