So, you’ve been putting off creating an estate plan. No judgement here, life gets busy! But here’s the thing: if you die without one, you’ve just handed the State of Maryland a game of “Who Wants to Be Your Heir?” You’re not going to be the one picking. Instead, Maryland’s laws of intestacy will decide who gets your stuff.
Here are a few things to know if you die intestate (without an estate plan) in Maryland.
What is an Intestate Estate?
An intestate estate is just a fancy way of saying, “Oops forgot to write a will!” When someone dies without a will, the state steps in and decides where your probate assets will go.
What Do These Intestacy Laws Say?
Generally, intestacy laws look at the familial relationships of the decedent to determine who will inherit the decedent’s assets when there is no will. This generally follows a line all the way down your living descendants, and then branches outward if you have no living descendants. For example, if you are unmarried and you have living descendants (kids or grandkids), then your descendants will inherit.
What is the Legal Procedure to Administer an Intestate Estate?
Since you have no will, there is no one named as your personal representative. Someone (usually a family member) has to file for probate and seek appointment as your personal representative. The person that is appointed by the court will be responsible for gathering your assets, paying your debts, and divvying up your estate. You have no control over who this person is since you did not leave a will.
How to Avoid Intestacy
It is rather simple to avoid Maryland’s intestacy laws. Create a comprehensive estate plan and make sure it includes a will. Even if you are opting for a living trust, which is a great option if you want to avoid any type of probate, you still need a will. With a living trust, your estate planning attorney should also draft what is known as a “pour-over” will. This pour-over will directs any sole assets to be distributed to the trust. The bottom line is, it is important to have an estate plan in place, and it is equally important to consult with an attorney who knows what documents you need to make administering your estate as smooth as possible.
For more information, 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.
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