By: James M. Dore, J.D. Consider the following scenario – a couple got married and had two children, a son and a daughter. After many years of marriage and raising the children into adulthood, the wife took ill and passed away. In the year following his wife’s death, the husband executed a Last Will and Testament that named his two adult children as legatees, and designated the daughter as primary Personal Representative (PR) of his estate and the son as the alternate PR. Several years later, the husband remarried. This second marriage lasted over ten years and was by all accounts a happy one. Although the husband allegedly made statements to several individuals about his desire and need to update his estate plan to provide for his new spouse, he never took formal action to do so. After the passage of more time the husband ultimately died, leaving his widow to deal with an outdated estate plan. Several weeks after her husband’s funeral the widow received a letter from the husband’s daughter, who was acting in her capacity as PR of the husband’s estate. In her letter the PR alleged that because the widow was not named in her late husband’s Will, she was not entitled to inherit from her husband’s estate. The PR enclosed a check payable to the widow in the amount of $10,000.00—purportedly given the widow as some sort of consolation-- along with a “Waiver and Assignment” by which the PR asked the widow to waive her right to the estate and assign the entirety of her interest thereto to the son and daughter. Although the relationship between the widow and her husband’s children was cordial, it was not close. Further, the widow was not a native English speaker and, despite being fluent in two other languages, her English was not strong. Unsure of her rights and not wanting to make waves, the widow signed the Waiver and Assignment and returned it to the PR. She did not deposit or cash the check. The widow was left unsettled by the situation and, questioning whether she did the right thing, sought the advice of friends a few days after returning the signed Waiver and Assignment to the PR. Upon learning of the widow’s predicament, her friends wisely urged her to seek counsel experienced in probate law and estate litigation. The widow’s counsel immediately took action to revoke the Waiver and Assignment, and to claim the widow’s Elective Share of her late husband’s estate pursuant to Section 3-203 of the Estates & Trusts Article of the Annotated Code of Maryland. The foregoing case study presents another example of why proper estate planning is important, especially when important changes such as subsequent marriages occur. If you would like to learn more about estate planning or if you have questions or concerns regarding your current estate plan in anticipation of important life changes that may be forthcoming, please call us at Elville and Associates. We are ready to assist you.
All
J.D.
Blog
Videos & Webinar Recordings
News
Estate Planning
estate
financial power of attorney
financial planning
elville and associates
Special Needs
elder law
Probate
Wills and Trusts
attorney
beneficiary
Elville
estate plan
maryland
Spotlight
The Secure Act
trusts
Client Care Program
digital assets
estate planning attorney
family
financial planners
guardianship
guardianships
Healthcare
income tax
inheritance
power of attorney
public benefits
special needs planning
Tax Planning
trust
Webinar
will
401(k)s
Access to Music
advance medical directive
advance medical directives
Aid & Attendance
Attorney-Client Relationship
Augmented Estate Legislation
baltimore
Beneficiaries
Beneficiary Designations
Business Planning
business succession
capital gain
Caregivers
Charles A. Borek
Consultations
Coronavirus (COVID-19)
Creative Arts
Early Withdrawal Penalty for IRAs
Education
Elder Abuse
elder care
Elective Share
Elville Center
Elville Center for the Creative Arts
Estate and Trust Administration
estate litigation
Estate Planning Work
Estate Taxes
Exceptions
Governor Hogan
guardian
guardianship of the person
Harbour School
HealthCare Directives
Important Document
in terrorem clause
incapacity planning
including the location
James M. Dore
Justin M. Ginsburg
Legal Services
letter of wishes
Lindsay V.R. Moss
MIDEO®
Music
MVLS
National Health Crisis
National Healthcare Decisions Day
nationwide health crisis
New Elective Share Law
non-probate assets
Olivia Holcombe Volke
Olivia R. Holcombe-Volke
Other Qualified Plans
Parkinson's Disease
Planning
planning attorney
powers of attorney
Pro Bono
probate assets
Proper Beneficiary Designations
Remote Notarization of Documents
Retired Parent
Retirement Accounts
Retirement Plan Assets
revision
revocable living trust
Schools
Secure Act
social security administration
Social Security Benefit Regulations
social security disability insurance
social security,
special needs trust
spendthrift clause
spendthrift clauses
spendthrift trust
ssi
Super Lawyers
supplemental security income
survivorship
tax
testator
the business monthly
The Elville Center for the Creative Arts
The Memorandum of Intent
The Trust Purpose Statement
Trust Funds
Trust Protector
Trust Protectors
updating of your will
VA Aid
Verena
veterans administration
Waypoint Trust Group
Workshop