Can I Leave Someone Out of My Will in Maryland?
One of the most common questions we hear at Atkinson Law is:
"Can I leave someone out of my Will?" The short answer is yes – but not always.
Maryland law gives you a great deal of freedom to decide who will receive your property after your death. However, certain family members have legal rights that may limit your ability to completely disinherit them.
If you are thinking about leaving someone out of your Will, or if you are worried you have been left out of someone else's Will, it is important to understand how Maryland law works before making assumptions.
What Does It Mean to "Leave Someone Out" of a Will?
Leaving someone out of your Will simply means they will not receive property from your estate. Sometimes this is intentional. Sometimes it happens by accident because:
Your Will is old.
You forgot to update it.
A child was born after your Will was signed.
You divorced and remarried.
Family relationships changed.
The reason matters because Maryland law treats some situations differently.
Can I Leave My Adult Child Out of My Will?
Generally, yes.
In Maryland, you are usually free to leave your property to anyone you choose.
That means you can leave your estate to:
One child
Several children
Grandchildren
Friends
Charities
A church
A favorite niece or nephew
You are not legally required to divide everything equally among your adult children.
For example:
Mary has three adult children.
She decides:
Child A receives her home.
Child B receives her investment account.
Child C receives nothing.
In most situations, Maryland law allows Mary to do this.
However, the Will should clearly express her intentions to reduce the chance of future disputes. Simply omitting someone's name can sometimes create questions about whether the omission was intentional or accidental.
Can I Leave My Spouse Out of My Will?
This is where many people are surprised.
Not completely.
Maryland protects surviving spouses through what is called the elective share. (MD Estates and Trusts Code § 3-403 (2025))
If a spouse is left out of a Will (or receives less than the amount allowed by law) the surviving spouse may choose to claim an elective share of the estate instead of accepting the terms of the Will. Under current Maryland law, the elective share is generally:
One-third of the estate subject to election if the deceased leaves surviving descendants, OR
One-half if there are no surviving descendants.
This means that simply writing "I leave nothing to my spouse" may not accomplish what you intended.
If disinheritance of a spouse is part of your estate planning goals, legal advice is essential.
What About Minor Children?
Parents often ask whether they can leave a minor child out of their Will.
While Maryland law gives parents broad testamentary freedom, parents also have legal obligations toward their minor children, and practical considerations often make complete disinheritance inappropriate. In addition, other planning tools may be necessary to ensure a child's care and financial security.
If you have young children, your Will should also address:
Guardianship
Financial management
Trusts for minors
Education expenses
A Will is about much more than deciding who receives property.
What If I Have a Child After Signing My Will?
This is another important exception.
Suppose you sign a Will today. Two years later, you have or adopt another child. You never update your Will.
Under certain circumstances, Maryland law protects a child born or adopted after the Will was signed (sometimes called a pretermitted child). That child may be entitled to inherit unless the Will clearly indicates the omission was intentional. (MD Estates and Trusts Code § 3-403 (2025))
This is one reason we recommend reviewing your estate plan whenever your family changes.
Why Do People Leave Someone Out of Their Will?
Every family is different.
Some common reasons include:
Long-term estrangement
Prior financial gifts made during life
Substance abuse concerns
Family conflict
Second marriages
Blended families
Protecting assets from creditors
Providing for a child through a trust instead of an outright inheritance
Charitable giving priorities
Sometimes leaving someone out is about punishment. More often, it is about careful planning.
Should I Explain Why?
Sometimes. Sometimes not.
Many clients ask whether they should include a detailed explanation of why someone is not inheriting.
In many cases, less is more. A lengthy explanation can create opportunities for arguments during probate.
Instead, an experienced estate planning attorney can draft language that clearly reflects your intentions while reducing unnecessary conflict.
Every family situation is unique.
Can Someone Challenge My Will?
Yes.
Being left out of a Will does not automatically give someone the right to inherit.
However, people sometimes challenge Wills by claiming:
Lack of mental capacity
Undue influence
Fraud
Improper execution
Forgery
These disputes can delay probate for months, or even years.
One of the best ways to reduce the likelihood of litigation is to have your Will professionally prepared and updated as your life changes.
What Happens If I Don't Have a Will?
If you die without a Will, Maryland (not you) decides who inherits your property.
This is called intestate succession.
The law follows a fixed formula based on your surviving relatives. Your personal wishes, family dynamics, or promises you made during your lifetime generally do not control how probate assets are distributed. (MD Estates and Trusts Code § 3-102 (2025))
For many families, that result is exactly the opposite of what the deceased would have wanted.
Blended Families Need Special Planning
Second marriages often create complicated estate planning issues.
Questions like these come up frequently:
Should my new spouse inherit everything?
Should my children from my first marriage inherit instead?
How do I protect both my spouse and my children?
What if my spouse later remarries?
Can my children lose their inheritance?
These situations often require more than a simple Will.
Depending on your goals, you may benefit from:
Revocable Living Trusts
Lifetime trusts
Beneficiary designations
Updated deeds
Powers of Attorney
Advance Medical Directives
A coordinated estate plan can protect everyone you care about while reducing the chance of family conflict.
The Importance of Updating Your Will
Your Will should not be a document you sign once and forget.
We recommend reviewing your estate plan after major life events, including:
Marriage
Divorce
Birth of a child
Adoption
Death of a beneficiary
Retirement
Purchasing a home
Starting a business
Receiving an inheritance
Significant changes in your financial situation
A simple review today can prevent expensive probate disputes tomorrow.
The Bottom Line
Yes, in many situations you can leave someone out of your Will in Maryland. However, the answer depends on who you are leaving out and how your estate plan is prepared.
A properly drafted Will does more than distribute property, it helps protect your wishes, reduce family conflict, and make probate easier for the people you love.
If you are considering disinheriting a family member, updating an outdated Will, or creating your first estate plan, obtaining legal advice before signing your documents can save your family significant time, expense, and stress later.
Ready to Protect Your Family?
At Atkinson Law, we help individuals and families throughout Baltimore County, Harford County, and across Maryland create estate plans that reflect their wishes and provide peace of mind.
Whether you need a Will, Revocable Living Trust, Powers of Attorney, or guidance through the Maryland probate process, our attorneys are here to help.
Schedule a Consultation Today to discuss creating an estate plan that reflects your wishes by visiting Atkinson Law at www.atkinsonlawyers.com or calling (410) 882-9595.
Protect. Preserve. Rebuild.
This blog is provided for informational purposes only and is not legal advice. Every family's circumstances are unique. Consult an experienced Maryland estate planning attorney regarding your specific situation.