Legal Question in Wills and Trusts in Maryland
My grandfather died from asbestos and there is a pending disbursement that will go into his estate. There are three children, my dad, his brother, and his sister. My dad just died. He is survived by his wife, who is not my mom, and my sister and I. We are both adults. There is no will. Who will get his portion of disbursement?
1 Answer from Attorneys
Assuming that your grandfather was domiciled in Maryland, his estate would get passed down by Maryland's laws of intestate succession. That means if your grandfather wasn't married at the time of his death, his estate would go into three shares, one for each of his children (living children and deceased children who died with issue). So if your father was dead when your grandfather died, presumably you and your sister would each get 1/6 of your grandfather's estate.
Now as far as your father's estate goes, his spouse would under the laws of intestate succession get roughly 1/2 and the surviving children would get roughly 1/2 (there is a modest spousal allowance that gets taken care of first). So anything passing through your dad's estate would likely get divided between his spouse and children.
While I hope the above post helps you may want to consult with an attorney to better understand your situation and rights.