What Happens When a Person Dies Without a Will?
If you are wondering why you need a will in the first place, then, you should first know the consequences of dying without one. The state of Maryland has a set of rules known as the intestacy statutes, which are applicable when a person dies without a will in the state. The situation where an individual has passed away without a will in the state of Maryland is commonly known as dying intestate. These rules are not fixed – they vary state by state.
As a part of the rule, the decedent’s properties will be awarded to the living members of his or her family. The family members will gain share of the decedent’s estate based on the following structure:
- The spouse will receive half of net estate and the rest will be divided among children equally. This is applicable when the family has at least one minor.
- The spouse will get $15000 and half of the remaining estate, when the children are adult. The other half will be distributed among the children. If they are not alive, their children (the grandchildren of the decedent) will be eligible for the share.
- When the decedent is not survived by any children or grandchildren, the spouse will receive $15000 and half of the estate. The rest will be given to the parents of the deceased, equally.
- If only the spouse is alive, he or she will inherit the whole estate.
- If only the children are alive, they will get everything. In their absence, the grandchildren will have the ownership.
- When nobody except the parents is alive, they will equally inherit the estate.
- Siblings are next in line to get equal share of the estate, when parents are not alive. Nephews and nieces will receive the share allotted to their parents, in case they are not alive.
- When there is none of the above to claim the estate, other blood relatives will be eligible. Any distant relative, like: cousins, aunts and uncles, grandparents, second cousins, great aunts and uncles, will be considered as inheritor.
- In case there are no surviving blood relatives, the estate will be equally distributed among the stepchildren.
- In the absence of even any stepchildren, the state government will take over the estate. The Board of Education in county where the estate is located will get everything. If the deceased had received long-term health benefits under Maryland Medicaid, then the Department of Health and Mental Hygiene will be considered for inheritance, as well.
As told before, this structure is for Maryland only and it may change in the future. The state through these provisions tries to make sure the closest persons of the decedent inherit the estate. However, it is like other default rules and might not be what you want. For instance, often, married couples prefer to make each other inheritor of the whole estate, instead of a portion. Besides, if you have stepchildren, some relatives whom you have never even met can claim everything.
Moreover, your minor remains without a personal guardian to look after your child. When both parents have deceased, the court will try to decide the best person to be the personal guardian of your child. But it is not likely that the court will always be right in deciding the best person to fill in the position.
Not having a will also means you are not nominating the person of your choice to be in charge of your property and estate. Often, the decision to pick someone by the court can be dependent on a creditor who is a complete stranger. Even if your spouse or relative is nominated by the court, he or she will have to post a bond.
The will for your property and estate is an important step to ensure your loved ones are benefited from what you will have left. Remember, an individual’s personal judgment is the best way to maximize benefits, rather than just leaving it to the government of Maryland.