What will happen if a friend’s father died without a Will and he was legally still married to her mother but they had not lived together for over 20 years?

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What will happen if a friend’s father died without a Will and he was legally still married to her mother but they had not lived together for over 20 years?

They were never legally separated. She is bankcrupt and only wants his money, never cared for him while he was sick, and has a live-in boyfriend. Is there any legal recourse for his two daughters to use/stand on in a case like this, or will everything just go to their estranged mother who left them and will most likely not distribute any assets to them?

Asked on April 3, 2014 under Estate Planning, Maryland

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 7 years ago | Contributor

No, in Maryland, everything does not go the wife under intestate succession.  The children get a portion of the net estate.  This is going to be an contentious and probably expensive administration.  You should seek advice from an experienced probate attorney.  It is possible the entire matter can be resolved without having large attorneys' fees that eat into the estate.  

ALSO LICENSED IN MARYLAND.  

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the intestacy laws of all states in this country the wife gets a vast majority of her husband's possessions based upon what you have written about. I suggest that you consult with a Wills and trust attorney in your locality for additional assistance. ine can be found on attorneypages.com.


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