Legal Question in Wills and Trusts in Maryland
When distributing estate assets is it the appraised value of a home or the sale value of the home that is used to calculate distribution among heirs if one heir gets the house and the others don't?
1 Answer from Attorneys
The answer to this will depend on what the estate paperwork says. Generally speaking one would use the inventory value (which under Maryland law can be the assessed value) and carry that through consistently. In other words, if the inventory value of a house is $100,000 and it goes to four children, each would theoretically get a $25,000 distribution. If one child gets the house and others get liquid assets of the same value, it could be noted as such
CHILD A - distribution in kind of 123 Main Street $100,000
CHILD B - distribution in cash of $100,000, etc.,
If someone is "buying out" remaining heirs (in other words, they are actually paying money to get more of a certain asset rather than just getting the asset distributed in kind) you may approach it differently.
This online post offers only general legal information - it is not designed to give specific advice and you are encouraged to seek legal counsel with specific questions.