Can I disinherit my spouse or child in Maryland?

1. Spousal Disinheritance. Maryland is a separate-property state. Under Md. Code, Est. & Trusts § 3-203, the surviving spouse may renounce the will and take one-third of the net estate if the decedent left surviving issue, or one-half if no issue.

2. Augmented Estate. Effective October 1, 2020, Maryland adopted an "augmented estate" concept under Md. Code, Est. & Trusts § 3-404, including certain non-probate transfers (revocable trusts, joint property, retirement accounts) to prevent will-substitute avoidance.

3. Elective Share Procedure. The election must be filed in the orphans' court within nine months after the decedent's date of death or six months after the first appointment of a personal representative, whichever is later, under Md. Code, Est. & Trusts § 3-206.

4. Pretermitted Child. Under Md. Code, Est. & Trusts § 3-301, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Maryland.

7. Prenuptial / Postnuptial Waiver. Maryland enforces premarital agreements under common law and Cannon v. Cannon, 384 Md. 537 (2005), requiring voluntary signing and either disclosure or knowledge.

8. Homestead, Family Allowance, Exempt Property. Family allowance under Md. Code, Est. & Trusts § 3-201 ($10,000 to spouse and $5,000 per minor child), in addition to elective share.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; petition to caveat filed in orphans' court within six months after probate under Md. Code, Est. & Trusts § 5-207.

This is legal information, not legal advice.