Q: Aunt died intestate in the state of Maryland.
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the estate should get split in 4 parts, the nieces/nephews should receive a portion of their parent's 1/4 share. The law is contained in Md. Ann Code, Estates and Trusts § 3-104.
Note, however, that timing is important. Sometimes an estate is not opened promptly and people die in the meantime. If the Deceased's siblings survived her but died before the estate is opened the answer changes - then instead of going to nieces/nephews the Estate(s) of the sibling(s) who died after the Aunt may be the recipients.
While not legal advice, I hope this general information helps. You may wish to reach out to an estate attorney for further information or assistance with administering an estate.
No, the estate is split 4 ways "by representation": one-fourth share to the surviving sibling; one-fourth share for each deceased sibling who left surviving issue (children, grandchilden, etc.), which is further divided in equal shares among that deceased sibling's children.
If any of the deceased siblings had no surviving issue (no children, grandchildren, etc.), then the estate is divided in as many shares as there are surviving siblings and deceased siblings who have surviving issue. In your example, if one of the deceased siblings died childless, then the estate would be divided into three equal shares instead of four.
If one of the deceased siblings also had a deceased child who had children of their own (grandchildren of the deceased sibling), then the share of the deceased sibling is divided in the same way described above (one share for each living child; and one share for each deceased child divided equally among the children of the deceased child).
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.