Can I Disinherit Someone in Maryland?

 Posted on March 11, 2025 in Estate Planning

We have all seen someone in a movie threatening to write a relative out of their will, but is that something you can legally do? Estate planning lets you control how your assets will be distributed after your death, so if there is someone you think you should exclude from inheriting your estate, this should be within your power to do. Whether due to estrangement, financial irresponsibility, or personal reasons, in most cases, Maryland law gives you the legal right to exclude someone from your will. However, there are some important exceptions and considerations to keep in mind, and a qualified Maryland estate planning lawyer can explain these to make sure your will holds up in court.

Can You Disinherit a Spouse in Maryland?

People generally have broad discretion over who inherits their assets. However, Maryland law does not allow spouses to be completely disinherited. It follows an elective share rule, which means a surviving spouse can choose to take a portion of your estate even if you try to leave him or her with nothing. If you have surviving children, your spouse can claim one-third of the estate and if not, your spouse can claim half of it.

Can You Disinherit Your Children in Maryland?

Unlike spouses, Maryland law does not grant children the automatic legal right to inherit from their parent’s estate. If you want to exclude a child from your will, you can legally do so. However, it is important to make your intentions clear in your estate planning documents.

Simply leaving your child out of the will is not considered a thorough enough way to do this, because a disinherited child could argue in court that their name was left off the will by mistake and was not an intentional omission. A recommended way to avoid this ambiguity is to include a specific disinheritance clause in the will, explicitly stating that you do not wish to leave anything to the individual.

If you want to avoid potential legal challenges, you could also leave the person an unambiguous inheritance - for example, $1 - with a no-contest clause stating that anyone who challenges the will forfeits their inheritance.

Who Else Can You Disinherit?

Spouses and children are typically legally entitled to your estate unless you leave specific instructions otherwise. That is why you can exclude your siblings, parents, extended family, or friends from your will without issue. However, if you die without a valid will, Maryland’s intestacy laws will determine how your estate is distributed. In that case, your children, parents, or siblings could receive an inheritance by default even if you would not have wanted them to.

Schedule a Free Consultation with a Silver Spring, MD Disinheritance Attorney

There are many reasons why you might want to disinherit someone. If you do, it is best to work with an experienced Potomac, MD estate planning lawyer to ensure that your wishes are documented and protected. At The Eleff Law Group, we understand how important it is to feel that your estate plan reflects your priorities. Call us at 301-857-1990 so we can begin drafting a plan that suits your needs.