Unclear ownership could affect estate plan terms in Maryland

Many Maryland residents may create plans for their estates with certain ideas in mind. However, if those individuals get married more than once, there is a chance that the estate plan could be affected by those marriages. In some cases, remarriage could cause issues to arise between a surviving spouse and other loved ones when it comes to determining who is entitled to certain personal property.

Making designations in a will or other estate planning document can be immensely helpful. However, if there is no specific documentation as to who owns certain assets, there is a chance that a surviving spouse may try to take ownership out from under children from a previous marriage. For instance, if a will designates that the deceased’s children are supposed to inherit a certain item like a necklace or table, a spouse could attempt to claim such an item as his or her own. 

This type of issue could run rampant after a loved one’s death. Individuals may come in and claim that certain property was not the deceased’s to give away, and without any specific documents pertaining to ownership, some individuals may be cheated out of their inheritances. As a result, individuals may find themselves fighting to uphold estate plans.

When questions and disagreements come about regarding an estate plan, probate litigation may be a course to consider. This legal avenue could help individuals ensure that their loved one’s dying wishes are upheld. Maryland residents who are facing similar conflicts may wish to find out more on their legal options.

Source: onwallstreet.com, “Estate planning mishaps: How even the family bible is at stake“, Andrew Welsch, Sept. 14, 2016

FindLaw Network