Asked in Probate for Maryland

Q: If a father dies without a will can a son more than 18 years inherit

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1 Lawyer Answer
Paul E. Draper
Paul E. Draper
  • Probate Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: If a persons dies intestate or without a will, then that person's estate after paying his or her allowable debts and administrative expenses of the estate is distributed according to the laws of intestate succession. Accordingly, if a persons has a surviving spouse then that spouse is entitled to receive at least one-half of the estate and under certain circumstances the entire estate. If the deceased spouse has surviving issue (child or grandchildren) known of whom are minor then the surviving spouse would be entitled to receive the first $415,000 plus one-half of the net estate. The balance of the estate after distribution to the surviving spouse would be paid to the decedent's children on a per stirpes basis.

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