what happens if no will at time of death? (insurance, lawyer)

[craigeck610]

My father is a Maryland Resident and is terminally ill. He has no will. He is not able to sign a will at this point
I have read that if someone dies in the state of Maryland with no will and he/she has a spouse and adult children that persons property is divided as follows-
first 15000 to spouse, then half of remaining property to spouse, hen adult children divide remaining half of property. I have also asked some people and was told that with no will, spouse gets everything.
My concern is that my step mother is older and near retirement age she will rely on the property as a source of income. I have a couple siblings that don't have as good a relationship with her as I do and will take advantage of the situation. I want to be sure she is protected.

What is the official law in Maryland for a persons assets that dies with no will?

Thank you

[MrRational]

Originally Posted by craigeck610

My father is a Maryland Resident and is terminally ill.
He has no will. He is not able to sign a will at this point.

My concern is that my step mother is older and near retirement age...

There are a ton of variables but the basics all comes down to how the property is titled.
John and Mary Smith? John Smith and wife? Or just John Smith?
The first two? Mom will be fine. The last one... maybe not.

Look it up at the SDAT website.
http://sdatcert3.resiusa.org/rp_rewrite/
---

Beyond these basics... Dad (and Mom) really need to get some legal help very soon.
Maryland Department of Aging | Senior Information & Assistance
Elder Law Section - MSBA.org

[North Beach Person]

Maryland Intestacy Laws

Follow the links, also, to the COMAR statutes.

[craigeck610]

I believe the property is listed in both full names.

[kanling]

Originally Posted by craigeck610

first 15000 to spouse, then half of remaining property to spouse, hen adult children divide remaining half of property.

This is correct for someone with a spouse and adult children.

There is a chart is section 10 of this nice guide booklet that describes all the cases:

registers.maryland.gov/main/packets/AdministrationBooklet07.pdf

If any of the children were to disclaim their portion of the inheritance, then there would be more for the spouse. But, it sounds like you're concerned that they wouldn't.

Too bad there is no will... that would have made it very clear what your father's wishes were.

Mr Rational is right, though. Usually if the property is held jointly or if the spouse is named in an account as a beneficiary, then the property will pass directly to the beneficiary outside of the probate process (which is the process where the state-decided distribution rules come into play).

[MrRational]

Originally Posted by craigeck610

I believe the property is listed in both full names.

Don't "believe"... CHECK!
Follow up on that SDAT link and you'll know for sure.

Then get your Mom some real help from an attorney.
Even if they don't have much... there are low cost and even free resources.

[craigeck610]

I read the booklet and it does state that:

a spouse and children, all are adults - the spouse receives the first $15,000 plus one half of the remaining net estate, and the children divide the remaining one half equally*

It does not make mention in the booklet about how it is handles if the property is in both names. My Fathers name is on the deed to the house and I'm sure My step mom is listed as well. I guess I have to just see how it plays out.

If I am entitled to receive a portion of the property, is there a penalty or tax that I will incur when I forfeit my share?

[kanling]

Joint property (nearly always) automatically becomes the property of the other person when one dies. That includes house, cars, bank accounts, whatever. Will, or lack of a will, doesn't matter... it's just automatic. Same goes when the other person is listed as a beneficiary on a 401(k), insurance policy, bank account or whatever. Just show a death certificate to the bank or whatever. That's why the booklet doesn't talk about it.

I'm not a lawyer, but I believe the only kind of joint ownership that does not do this is a form of joint ownership called "tenants in common". I believe that this kind of ownership is rather rare, and would have only been set up if your dad wanted to do it this way specifically to avoid leaving part of the property to the spouse.

You can google search "types of joint ownership/property" and learn quite a bit without taking a lot of time. You don't need to run out and find a lawyer yet.

I don't think there is any penalty or tax for refusing your share of whatever is not joint property. You can ask your county register of wills to be sure.

My concern, right now, would be who will get named the executor of the estate. There is no will to name that person. Usually, it would probably end up being the spouse. But, if any of the children started to make a stink about that - that's when the lawyers start coming into play seriously.