Legal Question in Wills and Trusts in Maryland

Many people are surprised to learn that the surviving spouse does not automatically get everything when someone dies. The laws of intestate succession describe what happens and it depends on what other relatives are living. If there are no children but parents are living, then the parents get 1/2 after a spousal share. Sometimes, however, a spouse dies owning nothing in their own name so there is no estate to divide between the surviving spouse and parents.

An attorney needs to review the details your particular situation before giving specific legal advice but the brief answer is if a spouse has anything in his name alone when he dies, that will become a part of his probate estate and will be distributed under the laws of intestate succession based on what relatives are living. Sometimes everything a couple owns is held jointly as tenants by the entirety and so there is nothing in the decedent's name alone. When that happens, everything passes automatically by title and doesn't go through the estate.

While I hope the above general legal information helps, it shouldn't take the place of getting personal legal advice.