Washington, DC asked in Real Estate Law for Maryland

Q: My ex husband has died, his brother has filed probate of estate for the house. I have also filed probate of estate

Now a judge has to make a decision.

I was told since I have a child with the deceased he is next of kin.

What are my chances here?

Related Topics:
1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Maryland

A: You question is posed for Maryland, but you seem to be in DC. This answer is based on your ex-husband residing in Maryland. I also assume that you've written "ex-husband" because you were divorced before he died. If you are his widow, your priority is higher. In Maryland, the priority of appointment is defined by Maryland Code, Estates & Trusts, Section 5-104, which you can read on Justia here: <https://law.justia.com/codes/maryland/2005/get/5-104.html>. The priority is below. If, however, his child is a minor and you are not the surviving spouse, the court may choose someone lower on the list. It is a wise idea to retain counsel for your child so that the court has confidence that the probate will be performed correctly if you and your son are appointed.

(1) The personal representatives named in a will admitted to probate;

(2) The personal representatives nominated in accordance with a power conferred in a will admitted to probate;

(3) The surviving spouse and children of an intestate decedent, or the surviving spouse of a testate decedent;

(4) The residuary legatees;

(5) The children of a testate decedent who are entitled to share in the estate;

(6) The grandchildren of the decedent who are entitled to share in the estate;

(7) Subject to §§ 3-111 and 3-112 of this article, the parents of the decedent who are entitled to share in the estate;

(8) The brothers and sisters of the decedent who are entitled to share in the estate;

(9) Other relations of the decedent who apply for administration;

(10) The largest creditor of the decedent who applies for administration;

(11) Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or

(12) Any other person.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.