Legal Question in Wills and Trusts in Maryland
in md. if a spouse dies does the surviving spouse automatically receive assets
Asked on 1/25/12, 5:38 pm
1 Answer from Attorneys
Cedulie Laumann
Arden Law Firm, LLC
Yes, in Maryland a spouse receives some (but not necessarily all) assets. How much depends on whether or not the spouse who died had a will, what the will says and what other relatives are around (namely minor children, adult children or parents).
If someone dies without a will and is survived by a spouse PLUS children or parents, the spouse must divide assets. This is a major reason why it is a good idea to make a will. One cannot entirely "write out" a spouse out of a will since the spouse can elect to take a statutory share whether or not they are named in the will.
I hope this general information helps answer your question.
Answered on 1/25/12, 5:51 pm
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