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In Maryland can a spouse change their will to leave our

Customer Question
In Maryland can a...

In Maryland can a spouse change their will to leave our marital property, pension, retirement to another party(maybe sibling?) and make that person POA if we are still legally married? Where is my spouse's death preceeds mine I could lose my home etc?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Has anything been filed or reported?

Not to my knowledge. We are together and supposed to be working out the marriage which is what we both want however I know my spouse changed the person that makes decisions when you are unable from me primary then our daughter to me primary then his sister (if that makes sense)?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so, thanks!

Submitted: 6 months ago.Category: Legal
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11/25/2017
Lawyer: Loren, Attorney replied 6 months ago
Loren
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Lawyer: Loren, Attorney replied 6 months ago

Federal law would preclude a spouse from being removed as beneficiary of a pension.

A spouse can leave their property by will to whomever they want. However, even though Maryland is not a community property state, a Maryland spouse can never be completely disinherited from the other spouse's estate.

At a minimum the surviving spouse can demand to take an elective share, regardless of the will. Instead of property left to the surviving spouse by will, the surviving spouse may elect to take a one-third share of the net estate if there is also a surviving issue, or a one-half share of the net estate if there is no surviving issue.

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Lawyer: Loren, Attorney replied 6 months ago

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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