If you pass without a will or trust in Maryland, who will inherit your assets? Without proper estate planning, state laws will determine who receives your assets with a predetermined hierarchy. This process is known as intestate succession.
Intestate succession may want to be avoided for many reasons since intestate succession does not recognize a number of scenarios such as blended families, unmarried partners, and your personal wishes. There is no flexibility when it comes to the order of inheritance under the intestacy laws. The Maryland order of distribution is as follows:
1. The first to inherit under the hierarchy is the Surviving spouse. A surviving spouse is usually entitled to half of your estate. If the deceased has children, then the surviving spouse will receive half and the rest to the children. If there are no children than half to the surviving spouse and the remainder to surviving parents.
2. Second, under the distribution hierarchy are children. Children are defined as biological children and legally adopted children. This does not account for stepchildren.
3. Third to inherit under the intestacy laws are parents. If the deceased has no spouse, children, or grandchildren, the assets will go to the surviving parents.
4. Fourth under the predetermined hierarchy are siblings. If there is no spouse, children, grandchildren, or parents, the next in line to inherit under Maryland intestacy law is the siblings of the deceased. Both full and half siblings would be able to inherit under Maryland’s law.
5. Fifth on the list is extended relatives. In the event there is no immediate family available then the state will look to extended relatives such as nieces, nephews, cousins or grandparents.
6. At the very end of the list is the state of Maryland. If no family can be found, all of your property will be surrendered to the state.
Creating an estate plan with Sinclair Prosser Gasior ensures that your assets are not controlled by Maryland’s intestacy laws and that you will pass with a peace of mind that your assets are distributed the way you want them to be. Don’t let the state write your story.
Please join us for an upcoming FREE seminar. If you have questions or concerns about your estate plan, contact the experienced estate planning attorneys at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment.
Sinclair Prosser Gasior Annapolis Headquarters office is now located at 183 Harry S. Truman Pkwy, Suite 104.
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