The passing of a loved one can stir up emotions, memories, and in many cases, unresolved conflicts. One of the most delicate and legally complex issues in modern estate planning is what happens when estranged adult children reenter the picture after a parent’s death. These situations often trigger disputes over inheritance, especially when a will is ambiguous or nonexistent.

In today’s world of blended families, long-term estrangement, and digital-only contact, it’s more important than ever to understand how Maryland estate law handles surprise claims from long-absent heirs, and how to plan ahead to prevent conflict.

Why Are Estranged Children Reappearing?

The reappearance of an estranged adult child isn’t always opportunistic. Sometimes, they genuinely want closure, to reconnect with surviving family, or to honor a complicated relationship. In other cases, however, disputes arise because:

• The estranged child believes they were wrongly excluded from the will
• No will exists and Maryland intestacy law automatically entitles them to a portion of the estate
• They were unaware of the death until the estate was already in probate
• A surviving spouse, sibling, or executor is accused of manipulating or hiding the decedent’s intentions

Whether justified or not, these disputes can stall probate, trigger litigation, and damage already fragile family ties.

Maryland Inheritance Law: Do Estranged Children Have Rights?

Yes, but it depends on the situation.

If There Is a Valid Will

In Maryland, if a last will and testament explicitly disinherits a child, and the will is valid, that child typically has no claim to the estate. However, estranged children may try to contest the will based on:

• Undue influence: Was the will changed due to pressure from a caregiver or other heir?
• Lack of capacity: Was the decedent of sound mind when drafting the will?
• Fraud or forgery: Was the document tampered with?

Contesting a will in Maryland is difficult but not impossible. The person contesting must file a petition to caveat in the local orphans’ court and present substantial evidence.

If There Is No Will (Intestate Estate)

If a parent dies without a will, Maryland intestacy laws determine who inherits. In this case, all biological and legally adopted children, regardless of relationship status, have equal rights to a share of the estate. This includes estranged children who haven’t spoken to the decedent in decades.

In such cases, personal representatives must:

• Identify and notify all known heirs, including estranged or distant children
• Divide the estate according to Maryland’s hierarchy of succession
• Remain neutral, even when other heirs are opposed to the estranged child’s involvement

Common Heir Disputes Triggered by Estrangement

1. Will Contests

If a will excludes one or more children, particularly with no explanation, those children may contest it. The burden of proof falls on the contesting party, but these cases can delay probate and create emotional tension.

2. Executor Disputes

Surviving children often clash over who should serve as the estate’s personal representative (executor). An estranged child may feel they are being unfairly excluded, while others may worry about their ability to carry out fiduciary duties impartially.

3. Asset Discovery and Transparency

Disputes frequently arise over accusations that one heir is hiding or misappropriating assets, especially in cases where the deceased managed everything privately or shared accounts with just one child.

4. Funeral and Burial Decisions

Maryland law gives certain relatives priority in making burial or cremation decisions. If an estranged child returns to assert rights over these decisions, it may cause significant family conflict, especially if there is no legally binding document specifying the decedent’s wishes.

Can You Disinherit a Child in Maryland?

Yes. Maryland law permits parents to disinherit adult children, but it must be done clearly and legally. Simply omitting a child’s name may not be enough to prevent a will contest. A more effective strategy includes:

• Including an express statement of disinheritance in the will
• Using a no-contest clause (also called an “in terrorem clause”), which disinherits any heir who challenges the will. These are enforceable in Maryland under certain conditions.
• Leaving a small bequest to the estranged child, making it harder to argue they were “forgotten”

It’s also wise to document reasons for disinheritance privately, in a letter of intent or through conversations with your estate planning attorney. These can support your decisions if challenged later.

Preventing Disputes Through Estate Planning

In cases where family relationships are complex, proactive estate planning can help prevent litigation and protect your wishes.

1. Draft a Clear and Legally Sound Will

A clearly written, legally valid will is the cornerstone of any solid estate plan. Vague language, outdated documents, or improperly executed wills are among the most common reasons estates end up in Maryland probate litigation. By working with a qualified Maryland estate planning attorney, you can ensure that your will:

• Clearly identifies your beneficiaries and their specific inheritance
• Names an executor or personal representative to carry out your wishes
• Complies with Maryland legal requirements for witnessing and signatures
• Explicitly addresses any disinheritance or unequal distributions to avoid ambiguity

Keeping your will up to date, especially after major life events such as divorce, remarriage, or the birth of a child, ensures that your estate plan reflects your current intentions and helps prevent unwanted surprises.

2. Use Trusts for Greater Control

A revocable living trust or irrevocable trust can help avoid probate and reduce the risk of disputes. Trusts allow for more privacy, oversight, and flexibility in distributing assets.

3. Appoint a Professional Executor or Trustee

If you anticipate family conflict, consider naming a neutral third party, such as a professional fiduciary, attorney, or trust company, to administer your estate.

4. Communicate Your Wishes

Perhaps the most overlooked but effective strategy in preventing heir disputes is clear communication. While not every family conversation is easy, especially when estrangement or resentment is involved, discussing your estate plan in advance can:

• Set expectations and reduce misunderstandings
• Provide context for your decisions, especially around unequal inheritances
• Allow heirs to ask questions and raise concerns before probate begins
• Foster transparency and reduce the risk of legal challenges later

What to Do If You’re Facing an Heir Dispute in Maryland

If you’re dealing with the return of an estranged sibling or adult child during the probate process, it’s crucial to act quickly and consult with a qualified Maryland probate attorney. An experienced lawyer can:

• Advise you on your legal rights and responsibilities
• Represent your interests in orphans’ court if litigation arises
• Ensure proper notice is given to all heirs

Delays, mistakes, or emotional decisions can expose you to personal liability as a personal representative or harm your share of the estate as a beneficiary.

Final Thoughts

The return of an estranged adult child after a parent’s death is never easy. Whether they’re motivated by grief, guilt, or financial interest, their sudden reappearance often shakes already fragile family dynamics. But with proper planning, transparency, and legal guidance, it is possible to manage these disputes with dignity and fairness.

Need Help with a Maryland Heir Dispute or Estate Challenge?

At Blackford & Flohr, we have years of experience guiding Maryland families through complex estate administration and probate litigation, including cases involving estranged heirs and contested wills. Call us at (410) 647-6677 or contact us online to schedule a consultation with an experienced Maryland probate lawyer.