Protecting an Inheritance When an Estate Is Contested: A Maryland Guide

Quick overview: If someone challenges an estate in Maryland, take immediate, practical steps to protect the inheritance you expect to receive. This article explains common legal issues, practical protections, and next steps under Maryland law. This is educational only and not legal advice.

Detailed Answer

1. Core concepts: probate, will contests, and grounds for challenge

When a person dies, assets that are not held in a trust or with beneficiary designations generally pass through probate. A family member or other party can challenge a will or the distribution of estate property in probate court. Common grounds to contest a will include:

• Lack of testamentary capacity (the decedent lacked the mental ability to make the will).
• Undue influence (another person pressured the decedent to make or change a will).
• Forgery or fraud (the will is not authentic or was procured by deception).
• Improper execution (the will was not signed and witnessed according to legal requirements).

Maryland’s statutory framework for estates and trusts is available through the Maryland General Assembly website (Maryland Code, Estates & Trusts). See the Estates & Trusts article here for the statutory framework: Maryland Code — Estates & Trusts. For practical probate information, the Maryland State Law Library provides clear self-help resources about wills and probate: Maryland State Law Library — Wills & Probate.

2. Immediate steps to reduce risk

1. Preserve documents. Locate and keep safe the original will, trust documents, beneficiary forms, account statements, title documents, and relevant correspondence. Make and keep copies and a dated inventory.
2. Do not remove estate property without permission. Removing or hiding estate assets can produce legal exposure for you and escalate disputes.
3. Secure non-probate assets. If you already hold assets by beneficiary designation (retirement accounts, life insurance), ensure paperwork is current and that you understand who is named.
4. Notify the personal representative (executor) and request confirmation when probate begins. The executor must file the will with the register of wills and start probate procedures.

3. Use non-probate tools when planning or when possible

Assets that pass outside probate are harder for an heir to reach through a will contest. Common non-probate mechanisms include:

• Payable-on-death (POD) or transfer-on-death (TOD) designations for bank and investment accounts.
• Named beneficiaries on life insurance, IRAs, and retirement plans.
• Joint ownership with right of survivorship (note: joint ownership has other legal and tax consequences).
• Trusts (revocable living trusts and irrevocable trusts). A properly funded and executed irrevocable trust or a funded revocable trust can reduce probate exposure; however, revocable trusts may still be subject to certain challenges.

Work with a Maryland estate attorney or financial planner before changing ownership or beneficiary designations. Some changes (for example, transferring property into another person’s name) can create unintended tax or creditor problems.

4. Defensive estate-planning steps (if you are planning now)

• Use clear, properly executed wills and trusts. Maryland requires specific witness/formalities for valid wills—follow these rules carefully and document the signing process.
• Consider a trust to keep assets out of probate. A funded trust that names successor trustees and beneficiaries will distribute according to the trust terms and can reduce litigation risk.
• Include dispute-resolution clauses. Mediation or arbitration provisions in trusts can steer disputes out of court.
• No-contest clauses (in terrorem clauses). These clauses attempt to discourage meritless will challenges by disinheriting anyone who contests. Courts evaluate and sometimes enforce them, but they are not a guaranteed protection in every situation.
• Document capacity and intent. If an estate plan is executed when the person is frail or ill, medical records, physician statements, and affidavits from witnesses can be key evidence if capacity is questioned later.

5. If a contest starts: practical legal steps

1. Act quickly. Maryland has procedural rules and deadlines once probate begins; waiting can limit your options.
2. Hire a probate attorney experienced in Maryland estate litigation. A lawyer can review the will/trust, applicable law, and the facts to recommend defense or settlement strategies.
3. Consider early settlement or mediation. Litigation is costly and uncertain—settlement often preserves more value for beneficiaries.
4. Gather evidence. Witness statements, medical records, contemporaneous communications, and financial documents all help show the decedent’s intent and capacity.
5. Protect assets during litigation. The personal representative can post bonds, seek protective orders, or ask the court for instructions to safeguard estate property pending resolution.

6. Special considerations for spouses and creditors

Maryland law provides specific protections for surviving spouses (elective share and other rights) and for creditors. These statutory rights can limit what beneficiaries receive regardless of what a will says. For statutory references concerning Maryland estate law, consult the Estates & Trusts code: Maryland Code — Estates & Trusts. For practical guidance about probate proceedings, the Maryland State Law Library has helpful materials: Wills & Probate (Maryland State Law Library).

7. Costs and realistic expectations

Contest litigation can take months to years and can consume a large portion of the estate’s value. Courts weigh evidence, credibility, and statutory rules. Many beneficiaries prefer negotiated settlements, which often preserve estate assets and relationships.

Helpful Hints

• Start early. If you anticipate a dispute, take preventative planning steps now (trusts, beneficiary reviews, clear execution of documents).
• Keep clear records. Keep dated copies of wills, trusts, beneficiary forms, and communications about estate decisions.
• Talk to the executor or trustee. Confirm the probate status and ask how they plan to handle disputes.
• Avoid unilateral actions. Don’t move or hide estate assets. Let the personal representative and the court handle property transfers unless you have explicit legal authorization.
• Consult a Maryland probate attorney promptly. Local counsel can explain procedural deadlines and defenses available under Maryland law.
• Consider mediation. It can cut costs and reach a fair division without prolonged court battles.
• Check beneficiary designations regularly. Confirm that beneficiary forms for retirement accounts and life insurance reflect current wishes.
• Document capacity. If you help an older person with estate planning, arrange for appropriate medical evaluations and document the person’s understanding and intent at the time documents are signed.

Where to get official information and forms: Use the Maryland General Assembly statutes page for the Estates & Trusts Article (mgaleg.maryland.gov — Estates & Trusts) and the Maryland State Law Library’s probate pages for plain-language resources and links to local register of wills offices: lawlib.state.md.us — Wills & Probate.

Final note / disclaimer: This article is educational only and does not create an attorney-client relationship. It is not legal advice. Laws change over time and can differ based on specific facts. For advice about a particular situation in Maryland, consult a qualified Maryland probate or estate lawyer promptly.