Is the information in MD code, estates and trusts re: heirs statute 3-110 correct and in practice? I'm told otherwise.

Question

All but 3 siblings of the deceased died years before the deceased. The deceased has no children and no parents.  Are the children of those predeceased siblings heirs?  Acc to this statute they are not. There are only 3 living siblings. The deceased died interstate.

Mark Oakley · Answer

Yes, the children of the pre-deceased siblings are heirs: they take the share of their deceased parent. Section 3-110 does not apply to this scenario and you misunderstand it. Section 3-110 simply states that anyone who dies within 30 days after the decedent shall be treated as if they died before the decedent. It avoids the necessity of having to pass assets through two estates when an heir, who was alive at the time the decedent died, dies so soon afterwards. Many lawyers draft wills that extend this period to 60 days. It allows that heirs inheritance to be paid directly to that heir’s children, or if none, it follows the blood heirs who would inherit (unless the Will provides otherwise).  It is most useful in cases where a married couple die within 30 days of themselves, which is more common than you think, and it allows a more efficient distribution of the estate.

Richard Sternberg · Answer

The statute you have cited merely declares that you have to survive someone by 30 days to be treated as their survivor. If  the sibling died before the decedent -- or within 30 days after -- then their children stand in their shoes for inheritance if intestate or otherwise per stirpes. If the sibling post-deceased the decedent by more than 30 days, the property passes to them to be resolved through their estate(s).

Q: Is the information in MD code, estates and trusts re: heirs statute 3-110 correct and in practice? I'm told otherwise.