When someone passes away without leaving a valid will, it can create complexities in determining how their assets and estate will be distributed. In such cases, Maryland’s intestate succession laws come into play to provide a legal framework for asset distribution. Understanding these laws is essential to ensure a fair and orderly distribution of assets among the deceased person’s heirs. Read on to learn more.
What Are Intestate Succession Laws?
Intestate succession laws are a set of legal rules that determine how a person’s estate and assets will be distributed when they pass away without leaving a valid will. The term “intestate” refers to the situation where a person dies without a will or any other legal document specifying how their assets should be distributed after their death.
Intestate succession laws typically establish a hierarchy of beneficiaries based on their relationship to the deceased person. Commonly, surviving spouses, children, parents, siblings, and more distant relatives are considered in determining the distribution of assets. The laws may also specify the proportion of the estate that each beneficiary is entitled to receive.
Intestate Succession Hierarchy in Maryland
When someone dies without a will in Maryland, the state’s intestate succession laws come into effect to determine who inherits the deceased person’s estate. Here is a breakdown of the hierarchy of beneficiaries in Maryland:
1. Surviving Spouse: If the deceased person has a surviving spouse but no children or parents, the spouse will inherit the entire estate. However, if the deceased person has a surviving spouse and children, the spouse will share the estate with the children.
2. Children: If there is no surviving spouse, the estate will be divided equally among the children. If any child predeceased the deceased person but has living descendants, that child’s share will pass to their descendants.
3. Parents: If there are no surviving spouse or children, the parents of the deceased person will inherit the estate equally, or if only one parent survives, that parent will inherit the entire estate.
4. Siblings: If there are no surviving spouse, children, or parents, the estate will be divided equally among the deceased person’s siblings. If any sibling predeceased the deceased person but has living descendants, that sibling’s share will pass to their descendants.
5. Other Relatives: If there are no surviving spouse, children, parents, or siblings, the estate will pass to more distant relatives, such as grandparents, aunts, uncles, nieces, or nephews, based on the rules of intestate succession in Maryland.
Preventing Intestacy
Intestacy can lead to lots of challenges and uncertainties in the distribution of assets. Without a clear expression of the deceased person’s wishes, intestate succession laws take effect, following a predetermined hierarchy of beneficiaries. However, relying on these default laws may not align with the individual’s actual desires for asset distribution.
To prevent intestacy and ensure that your estate is handled according to your preferences, it is crucial to work with an estate planning attorney. By consulting with an attorney, you can create a legally binding will that outlines your wishes regarding the distribution of your assets, guardianship of minors, and other important matters. Regularly reviewing and updating your will can further safeguard against the risk of intestacy and provide peace of mind knowing that your estate will be handled in accordance with your carefully considered instructions.
Work with Blackford & Flohr for Maryland Probate Services
Navigating the complexities of intestate succession laws can be overwhelming, especially during the emotional time following the loss of a loved one. At Blackford & Flohr, we specialize in Maryland probate law and can assist you in understanding and navigating the intestate succession process.
Our dedicated team will work closely with you to ensure a fair and efficient distribution of the estate according to Maryland’s intestate succession laws. We understand the importance of protecting your rights and preserving your loved one’s legacy. With our expertise in probate matters, we will guide you through the entire process, providing personalized and compassionate legal representation.
If you’re dealing with probate, contact Blackford & Flohr today. Our Maryland probate attorneys are ready to provide the guidance and support you need during this challenging time. Call 410-647-6677.
