Legal Question in Wills and Trusts in Maryland

Most estates in Maryland are administered without need for a hearing. The personal representative is the person who doles out assets in accordance with the will. However, every child is automatically an "interested person" in the estate, whether or not they benefit under the will. This means the child has a right to know what goes on with the estate and to get copies of any paperwork.

That being said, the right to get information does not necessarily equal the right to inherit. A parent is free to make a will leaving their property to whomever they want (with some exceptions since a spouse has rights regardless of what the will says). If no one ever opened up an estate for the first spouse, this may need to be done now.

This answer provides general information and not a detailed review of your particular facts. You may want to consult with an attorney who can review the wills and estate filings and offer specific advice in your situation.

You need to be sure whether there was a last will and testament. You have a right to this information. Otherwise the estate will be probated through intestacy and the following summary may assist you.

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.

Maryland Code, � 3-102