Q: Is there any possible way for a child over 18 to inherit or recover holdings from an estate when there is no will or
Or last testament and all holdings are marital however equally obtained through out the garage both names on residential and commercial property surviving spouse is not biological father find a way according to Maryland law you and I could recover a nice return obtained through out the marage
A:
In answer to the first part of the question, yes, an adult child may inherit from a parent who died without a will under the laws of intestate succession.
To answer the second part of the question, in most cases it is only possible to inherit property in the deceased person's estate. Property passing by title (for instance jointly owned property with rights of survivorship) is outside the probate estate and outside the laws of intestate succession. People routinely identify their spouse as beneficiary on assets and in all but the most unusual circumstances, the title controls.
To figure out whether or not there are any probate assets one can look to the title. There are 2-3 different ways people can own property jointly in this state. Property owned as "tenants by the entirety" automatically passes to the surviving spouse while property owned as "tenants in common" will usually go 1/2 to the survivor and 1/2 into the deceased person's estate.
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