Legal Question in Wills and Trusts in Maryland

Anything your mother owned in her name alone would go into her estate and get split under the laws of intestate succession (that is, dying without a will). A child DOES get a share of such property. Jointly owned property may or may not go into the estate depending on how it such is titled. One can jointly own property in several different ways and without looking at the title an attorney cannot say how the joint title was held. (Typically a husband and wife own property so that the surviving spouse gets 100% but again this is one of several ways to own property and it depends on the title).

In Maryland, Estate and Trust Section 3-102 (2011) divides an intestate (no will) as follows :

� 3-102. Share of surviving spouse

(a) In 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.

. . .

(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 Art

Of course, certain marital property are not included in the "net estate"

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