Legal Question in Wills and Trusts in Maryland

Distribution of Assets When There Was No Will

My aunt passed away and left no will,no husband and no children.She had 4 siblings,2 of them deceased.Her estate contains antiques and collectibles,some of which are family heirlooms.The heirs(2 siblings,who are co-personal reps,and 5 children of the deceased siblings)have the option of receiving these items as part of their inheritance.What do you do when 2 or more heirs would like the same item?Do the heirs who are the children of the deceased siblings have any input as to how these items are distributed?If there is a ''lottery'', should all heirs be present?


Asked on 2/18/02, 1:15 pm

2 Answers from Attorneys

Thomas DeCaro DeCaro & Howell PC

Re: Distribution of Assets When There Was No Will

If two or more people want the same item, then

the heirs should agree on a method to decide who

gets the item. One idea is to have a lottery,

either pick a number out of a hat or use the

computer's random number generator to pick a

number, and whoever is closest to the computer's

number gets the item. Careful notes should be

taken of these proceedings and they should be

witnesed by someone other than the participants.

The other method is to auction off the item,

with the heirs who want it bidding (The item

could also be auctioned off by an outside firm

and if it is valuable this should be considered).

The cash would then be distributed as an asset

of the estate. The proceedings should be conducted

so that everyone who whats to can attend.

The children of a decedent equally share the

decedent's share of the estate. For example,

if there are three heirs and one is deceased with

two children, each child gets 1/6 of the distribution

and 1/6 of the vote.

I hope this has been helpful.

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Answered on 2/20/02, 9:50 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Distribution of Assets When There Was No Will

Careful consideration should be given to the value of each of the items. An auction may be a suitable alternative to a lottery. Segregation by value or class of object is another method. I am available to witness the selected method of dispersion and notarize the event, by independent notary, with complete legal documents. Contact me at (410) 799-9002. Law Offices of G. Joseph Holthaus III.

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Answered on 2/22/02, 10:10 pm


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