Asked in Estate Planning for Maryland

Q: Want to know how funds will be distributed for my dads estate account

My dad died before my mom and he had land he owned with two siblings. The land just sold and 30,000 is due my dads estate. ( he died with no will, my moms will leaves everything to me ), I have 2 brothers so I was wondering how the 30,000 would be divided

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: It is hard to say how that $30,000 will be divided without knowing what ELSE was included in your dad's estate. In general, because your dad died without a will, his surviving spouse would receive $15,000 plus half of everything else in his estate. His children would receive the amounts not distributed to the surviving spouse, in equal shares. If your mother had already received her $15,000 share and half of the rest when your dad died, then this would simply be another item to be split 50/50 between herself (50%) and the children (50% in equal shares).

Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: It is unclear whether your mom is alive now or not; however, you state that she was alive when your father died, therefore her share of your deceased father's estate would be one of the following, depending on whether you or any of your siblings were minors at the time of your father's death: If one of you were a minor child, your mother's share is one-half; if none of you were a minor child, her share is the first $40,000 plus one-half of the residue. Anything left over would be divided equally among you and your siblings.

Your mother's share is based on your father's gross distributable estate, so you would need to take into consideration whether she received the first $40,000 of his estate or not (assuming there were no minor children). Once the $40,000 is satisfied, then the balance gets divided into two: half to her, the other half divided equally among you and your siblings.

If your mother died before your father's estate has been fully distributed, then her share gets paid to her estate, and you then would receive whatever is in her estate in accordance with her will.

Cedulie Renee Laumann agrees with this answer

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