Baltimore, MD asked in Estate Planning for Maryland

Q: My husband died with no will, he was left most everything from his mother, if she passes do I his spouse receive it?

He has 2 grown daughters, and the will does not specify anything. I am in Maryland

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2 Lawyer Answers
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: It is not possible for any attorney to predict what someone might inherit in the future from a now living former mother-in-law because that person could change their estate planning anytime until they die.

In the event that any property is at some point disbursed in the name of your late husband, it would go through his probate estate. Again, it is not possible to predict whether or not that actually will happen. If your husband died intestate (without a Will), any property of his would be distributed under the laws of intestate succession. The exact division in an intestate estate varies a bit based on what year the person passed away, but essentially any property of a person who died without a will gets split between their spouse and kids after paying any valid claims and estate expenses.

While not legal advice, I hope that this general information is helpful. If you find yourself needing to administer an estate you may wish to reach out to an attorney for assistance and/or advice.

Steven J. Fromm agrees with this answer

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

A: No, unless his mother’s will names you specifically, or names his estate as the beneficiary in the event he is not alive. Otherwise, if your husband the sole residuary heir named under the Will, then his mother’s Will will be interpreted as intending to distribute her estate to your husbands heirs at law by representation (also known as per stripes), which in this case means shared equally among his two adult daughters.

Steven J. Fromm agrees with this answer

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