When a person dies in Maryland without a Will, your estate is distributed pursuant to the intestate succession statute. If you are married, your spouse will NOT receive 100% of your property if you have minor child, an adult child, or if you were married less than five years and having a surviving parent. This is why is so important for spouses in Maryland to have a Will, especially when they have minor children.
Maryland Estates and Trusts section 3-102 sets forth how much your surviving spouse will inherit if you die without having a Will.
1. If you have a surviving minor child or children, your spouse will receive half of your estate. Your children will receive the other half.
2. If you have no surviving minor children but a surviving adult child, your spouse will receive the first $40,000 plus one-half of the remainder of your estate. Your adult child will receive the remainder of your estate.
3. If you have no surviving minor or adult children, but a surviving parent, and you have been married for less than five years, your spouse will receive the first $40,000 plus one-half of the remainder of your estate. Your parent(s) will receive the remainder of your estate.
4. If you have no surviving minor or adult children, but a surviving parent, and you have been married for more than five years, your spouse will receive your entire estate.
5. If you have no surviving minor or adult children or parent, your spouse will inherit your entire estate.
Note that some property automatically passes to your surviving spouse. If you titled your home as tenants by the entireties, then the home will pass by operation of law to your surviving spouse. If your spouse is a beneficiary of a life insurance policy or the beneficiary of your retirement account, then these funds will pass automatically to your spouse. If you have a joint bank account with your spouse that is titled as joint tenants, tenants by the entireties, or pay on death, these accounts will pass automatically to your spouse.
If you have a surviving spouse, your estate will consist of property that is only titled in your name, such as a vehicle, a bank account, a brokerage account, or real property. So if you own a home in your name only and you have a minor child, your spouse will inherit one-half of the home and your minor child will inherit the other half. This probably not what you wanted or expected. Having drafted hundreds of Wills during the past 35 years, almost all clients want their spouses to inherit 100% of their estate.
