Legal Question in Wills and Trusts in Maryland

Re: Dying without a will

When someone dies without a will they are said to pass "intestate." This means that the statutory formula applies where probate property is split with the surviving spouse and child(ren.) A surviving child should speak with an attorney to determine how to proceed.

Re: Dying without a will

Your children *might* be entitled to a portion of your ex-husband's assets. Generally, "probate" property held by a decedent at death will, in this situation, roughly be split 50-50, with half going to the surviving spouse and the other half being divided among the surviving children. Actually, the surviving spouse may get the first $15,000 from the estate with the remainder being split 50-50 as described above.

Anyway, not all property is "probate" property. In particular, joint property (for example, a checking account titled joint tenancy with right of survivorship) will pass directly to the other account holder by operation of law. That is, the decedent's interest in the account vanishes at death. Brokerage accounts may be similarly titled. This is different from the way estates are taxed, which makes it confusing.

Since your ex-husband died without a will, he did not name a personal representative. Your children could petition to open an estate with them as PRs.