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Reply to "Elderly Aunt divorcing, no will at present"
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[quote=Anonymous][quote=Anonymous]Don’t worry about the will. Worry about the marital estate and dividing it up in a written settlement agreement. That agreement will confirm that each party waives all estate rights in the event the other party dies. Doing the will first won’t help. Maryland has the elective share statute. That means that he could elect to take what is in her will or a set portion of her estate. If she left him zero, the elective share statute means he doesn’t get zero...since he’d elect to take the percentage he’s entitled to as the surviving spouse. A written settlement agreement eliminates this. - a divorce lawyer [/quote] *why a lawyer is a good idea.[/quote]
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