Q: If my father died in Delaware AND HAD property in Maryland before he remarried, are his children intitled to half the
Property. He was 78 and his wife of 8 yrs is 47. I was told that because of her age in Delaware she gets 87% and his children get 13%. Is this the same in Maryland?
A:
Generally speaking the laws of the place of the decedent's domicile will control. Estates with property in multiple jurisdictions can get complicated. It may be necessary to open an ancillary estate in Maryland depending on how the property was titled.
Under Maryland law, a person who dies here without a Will has his/her property divided up by the laws of intestate succession. If someone dies with spouse and children this is generally divided up approximately 50/50 between spouse and children (there may be rights to a spousal allowance and/or family allowance which come before the 50/50 split).
As with any contested situation, you are encouraged to seek personal legal counsel with an attorney of your choosing. The specific facts of a particular situation may affect how this general information applies to you.
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