Asked in Probate for Maryland

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

Related Topics:
1 Lawyer Answer
Paul E. Draper
Paul E. Draper
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.