Q: GM is deceased, A&B are GM’s children, C is step-child. Who has rights to GM’s home w/o a will?

A: I assume C is the natural child of GF and not adopted by GM; that GF predeceased GM; that the title is not an older formulation like et ux, so a title abstract supports that title was wholly in GM; that GM died intestate; and that A post-deceased GM also intestate. C is not a child of GM so is not an heir. The children of A share a half-share in Virginia after proper filing. Not filing before the memories and the evidence is an expensive mistake. The estate of A inherits in Maryland. Not filing before the memories and the evidence is a very expensive mistake.

A: Any estate attorney helping with the estate should be able to sift through the deed(s) and beneficiaries to figure out who inherits in any given estate.

If someone dies domiciled in Maryland without a will, their property goes under the laws of intestate succession. If the person who died is unmarried, any property the decedent owned would pass to their children in equal shares. The timing of the deed has little to no bearing as the law looks at the family situation when the deceased died. While step-children can inherit under a will if they were not adopted they will not inherit under the laws of intestate succession.

A child who passes away after their parent does would still receive the same exact inheritance under intestate succession, it would just be disbursed to their own estate. Whether that person had a will or not would control who gets their share. Grandchildren inherit from their grandparent under the laws of intestate succession only where their parent (the deceased person's child) died before their grandparent did. In other words, the law takes a snapshot of the decedent's family when they die and doesn't really look to what happens afterwards for purposes of figuring out shares.

While I hope this general information helps, it would be wise to consult with an estate attorney who can help administer an estate and assist with drawing up the necessary deed(s).

A: The house is solely an asset of GM’s estate. Without a will, only the natural born children of GM inherit the house. The stepchild (non-biological child of GM) has no rights to GM’s estate, unless the stepchild was legally adopted by GM. A and B each have a one-half interest in the house, and if A or B dies, regardless of when or if the house is titled in A and B’s name’s, the children of the deceased A or B inherit their parent’s half interest in the house.