Finding the right way to protect your legacy is a personal journey. Sometimes, that journey involves difficult decisions about who should (and should not) receive your assets after you pass away.

Whether you’re navigating a strained relationship or simply want to ensure your estate is distributed in a specific way, you might be asking: Can I disinherit a spouse or child in Maryland?

The answer depends heavily on who you are looking to exclude. Maryland law treats spouses and children very differently.

Can You Disinherit a Child in Maryland?

In short, yes. Under Maryland law, you generally have the right to disinherit an adult child. Unlike some other countries, there is no “forced heirship” for children in our state.

If you choose to leave a child out of your will, be intentional. Simply leaving their name out can sometimes lead to legal challenges, as the child might claim it was an accidental oversight. Many people in Baltimore and Timonium choose to include a “disinheritance clause” or a nominal gift to make their intentions clear.

Can You Disinherit a Spouse in Maryland?

This is where the law becomes much stricter. In Maryland, it’s nearly impossible to completely disinherit a spouse unless they voluntarily waive their rights through a valid prenuptial or postnuptial agreement.

The law is designed to prevent a surviving spouse from being left with nothing. Even if you explicitly state in your will that your spouse should receive $0, the law provides them with a safety net called the elective share.

The Big Change: Maryland’s 2020 Elective Share Law

Prior to October 2020, a spouse could only claim their elective share from the assets passing through a person’s will (the probate estate). This led to elective share problems, where individuals would move their money into trusts or joint accounts to hide it from their spouse.

As of October 1, 2020, the law changed significantly.

Maryland now uses the augmented estate to calculate the elective share. This means the court looks at almost everything—probate assets, revocable trusts, joint bank accounts, and even certain transfers made shortly before death. This change makes it much harder to bypass a spouse’s inheritance rights in Maryland.

Who Has More Rights: Spouse or Child?

When it comes to inheritance, the spouse has significantly more rights than a child.

Let’s break it down a bit more:

• Children have no legal right to a “mandatory share.” If you write them out of your will correctly, they generally cannot force the estate to pay them.
• Spouses have a legal right to a portion of the estate regardless of what the will says. In Maryland, the elective share is typically one-half of the estate if there are no surviving descendants (children/grandchildren) or one-third if there are surviving descendants.

Understanding No Mandatory Share vs. Elective Share

When planning your estate in the Baltimore area, it helps to understand these two concepts:

1. No Mandatory Share – This applies to children, siblings, and parents. You’re not legally required to leave them anything. You have “testamentary freedom” to distribute your property as you see fit among these parties.
2. Elective Share – This is a statutory right for a surviving spouse. If a spouse is unhappy with what they were left in a will, they can elect to take their legal share of the augmented estate instead.

Strategic Estate Planning in Timonium and Baltimore

If you’re considering disinheriting someone, you need a strategy that stands up in a Maryland Register of Wills office. A poorly drafted will can lead to expensive litigation for the family members you did intend to provide for.

Local families typically use specific tools like irrevocable trusts or spendthrift clauses to control how money is spent, rather than disinheriting a loved one entirely. This can be a middle ground for those worried about a beneficiary’s financial habits.

How to Get Started with Your Estate Plan

Navigating spousal inheritance rights in Maryland requires a careful hand and a deep understanding of the 2020 legislative updates.

If you want to ensure your final wishes are honored, follow these steps:

• Audit Your Assets – List your bank accounts, real estate, and retirement funds.
• Define Your Goals – Be clear about why you want to distribute your assets in a certain way.
• Review Existing Documents – If you have an old will from before 2020, it is likely outdated due to the new elective share laws.
• Consult a Local Professional – Speak with a firm that understands the specific nuances of Baltimore County and Maryland state law.

Our team at Alex and LaFleur has helped families in Baltimore, Timonium, and throughout Maryland since 2004, creating estate plans that are clear, legal, and effective.

To help protect your legacy and gain peace of mind, connect with us today.