The law in many states, including Maryland, provides some protection to a spouse against being disinherited by granting the spouse a right to elect to receive the statutory share of the decedent’s estate rather than the amount actually provided in the Will, if anything. One must following the procedure and file the election timely or the right to elect against the Will will lapse. For instance, a pre-nuptial agreement or a marital separation agreement may negate the spousal election. These matters are not always clear-cut and so one should seek experienced legal counsel to review the facts and issues before making any assumptions.

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