Legal Question in Wills and Trusts in Maryland

Here the is the Maryland "intestate succession" statute --- meaning the parent dies without a will -- in Maryland. If the "new wife" was legally married to your father at the time of your father's death, she is considered the "surviving spouse" for purposes of the statute below. I recommend hiring a Maryland estate and trust attorney to discuss the specifics of your situation in more detail.

� 3-102. Share of surviving spouse.

(a) General.- The share of a surviving spouse shall be as provided in this section.

(b) Surviving minor child.- If there is a surviving minor child, the share shall be one-half.

(c) No surviving minor child, but surviving issue.- If there is no surviving minor child, but there is surviving issue, the share shall be the first $15,000 plus one-half of the residue.

(d) No surviving issue, but surviving parent.- If there is no surviving issue but a surviving parent, the share shall be the first $15,000 plus one-half of the residue.

(e) No surviving issue or parent.- If there is no surviving issue or parent, the share shall be the whole estate.

(f) Calculation of net estate.- For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in � 7-308 of the Tax-General Article.

Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.*******

As Mr. Cook points out, where there is no will the statute provides for the property of the decedent to be split between the surviving spouse and the children. It is not clear whether you are one of the children, the spouse, or neither, but you could have a claim to this property, depending on how it was titled at the time of death. There also could be complicated issues at stake if the end result is joint ownership of the property between the surviving spouse and the children (e.g., should the house be sold?, who gets to live in the house?, should that person pay rent or buy the others out?). I strongly recommend you consult a lawyer in your area to discuss. I am available for a free consultation or to discuss via email if you have follow up questions ([email protected]) -- Good luck.

When a person dies without a last will and testament the state supplies it's idea of what the average person of the state would do. Your situation may require otherwise.

Estate planning involves many decisions. You need an attorney who is familar with probate and taxation laws.

Under the intestate laws of Maryland a spousal election applies where you are married and desire to provide your estate to persons other than to whom you are presently married. In other words you cannot "disinherit" your spouse. A surviving spouse can claim their share of the estate through intestacy and void the last will and testament of the decedent spouse.

Contact me should you need planning advice.