Maryland Estate Planning: Dying Without a Will

Have you ever asked yourself: “How will my estate be distributed if I die without a Will in Maryland?” Yes? Then, read on.

The State of Maryland will distribute your estate according to Maryland law. Your family and friends will not have the ability to make decisions as to the distribution of your estate. Personalized Maryland Estate Planning and the creation of a Will and Trusts can replace the state’s plan with a plan of your own choosing. For a free, confidential consultation, contact Maryland Estate Planning attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or here.

In the absence of a Will, here is the state’s plan for the distribution of your estate.

If The Decedent Is Survived By:

• Spouse and minor children: spouse receives one-half, children share remaining one-half.

• Spouse and children (all adult): spouse receives $15,000 plus one-half of remaining estate. Children divide balance (the interest of a predeceased child passes to the issue—children—of that child).

• Children only: children (does not include step-children) divide entire estate (the interest of a predeceased child passes to the issue of that child).

• Spouse and parents: spouse receives $15,000 plus one-half of remaining estate. Both parents of the decedent divide the balance or the surviving parent takes the balance.

• Spouse of the decedent without other heirs, as listed above: spouse receives entire estate.

• Parents of the decedent without other heirs, as listed above: both parents divide entire estate or surviving parent takes all.

• Brothers/sisters of the decedent without heirs, as listed above: brothers and sisters divide estate equally (share of deceased sibling goes to his/her heirs—nieces and nephews of the decedent).

• Grandparents of the decedent without other heirs, as listed above: grandparents divide entire estate or, if deceased, estate goes to their issue.

• Great-grandparents of the decedent without other heirs, as listed above: great-grandparents divide entire estate or, if deceased, estate goes to their issue.

• Step-children: estate goes to decedent’s step-children if there are no heirs, as listed above.

• No living heirs or step-children: if decedent was a recipient of long-term care benefits under the Maryland Medical Assistance Program at time of death, the net estate is paid to Department of Health and Mental Hygiene. Otherwise, the net estate is paid to the Board of Education.

By creating a Will you can replace the state’s plan with a plan of your own choosing. For a free, confidential consultation, contact Maryland Estate Planning attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or here.