Legal Question in Wills and Trusts in Maryland

Re: Sibling Survivors in Intestacy

Where a sibling passes without will in intestacy and there is no surviving spouse or surviving child(ren) of the decedent or surviving issue of the decedent (i.e., grandchildren of the decendent), then, under Maryland law, the estate of the decedent shall pass: (1) to surviving parents equally, or if one parent survives, to the survivor; or if neither parent survives, to the issue of the parents, by representation; and (2) if there is no surviving parent or issue of a parent, it shall be distributed to the surviving paternal grandparent equally... and if none survives or their issue to the surviving maternal grandparents....

In a nutshell, your brother's estate would have gone to your surviving parents but this will not happen since both have passed. Thus, your brother's estate will pass to your parent's issue (i.e., the children of your parents) by representation (i.e., by per stiitpes). Thus, sibling(s) will share equally in an estate of a late sibling where no parent or spouse survives.

Intestacy proceedings are often met with challenges and an attorney can assist you with these matters. Creditor claims are among those of familial claims that may be brought against an estate.

You should seek the assistance or counsel of an attorney. I am available to provide personalized service during your time of need. If you desire consultation only, unbundled services can be provided through a letter of consultation.

G. Joseph Holthaus III

(410) 799-9002