Legal Question in Family Law in Maryland

What financial rights does a surviving spouse have when one spouse dies intestate?


Asked on 10/06/11, 3:34 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

In Maryland, the spouse has rights to a modest allowance (set by statute) before the estate division. Funeral expenses and creditors also get paid before distributing among surviving family members. After that the estate division depends on what other relatives survive. For instance, if a spouse and child(ren) survive, then the remainder of the estate gets divided between the spouse and child(ren). Note that the laws of intestate succession deal with the division of PROBATE property, in some cases property passes by title and not through the estate.

The above post describes general information, to get more specific details based on your particular situation you may want to consult with an attorney.

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Answered on 10/21/11, 3:38 pm


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