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?
2 Answers from Attorneys
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.
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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