What Happens When You Die Without a Will?
Oct. 25, 2024
Have you ever wondered what happens if you die without a will?
The Law Offices of Julie A. Schejbal, CHTD, is here to shed light on it. With over 25 years of estate planning experience for clients in Dunkirk, Maryland, Calvert County, Prince George’s County, Charles County, and St. Mary's County, Attorney Julie A. Schejbal will guide you through every step of the process.
Intestate Succession
When a person passes away without a will, they are said to have died "intestate." In such cases, state laws determine how the deceased's assets are distributed. These laws, known as intestate succession laws, decide who inherits your property and in what proportions.
The Role of Probate Court
In the absence of a will, the probate court becomes responsible for asset distribution. The court appoints an administrator to manage the estate. This administrator follows state guidelines to distribute the deceased's assets. Probate can be a lengthy and complicated process, often taking months or even years to complete.
Immediate Family Members
Maryland laws prioritize immediate family members in intestate succession. If you are survived by a spouse and children, they will inherit your estate. The exact distribution depends on whether your children are also your spouse’s children or if there are any children from a previous relationship.
What About Unmarried Partners?
Unmarried partners face significant challenges when a partner dies without a will. Maryland intestate succession laws do not recognize unmarried partners, meaning they are not entitled to any portion of the estate. This often leaves them without financial support or a home, regardless of the length or seriousness of the relationship.
Stepchildren and Adopted Children
In Maryland, adopted children are treated the same as biological children under intestate succession laws. They have the same rights to inheritance. However, blended families should understand that, while adopted children are granted equal inheritance rights as biological children, stepchildren may only inherit if a legally binding will or trust explicitly includes them.
Disputes Among Heirs
Disputes among heirs are common when there is no will. Family members may disagree on asset distribution, leading to legal battles that can strain relationships and drain the estate's resources. A will can help avoid conflicts by clearly mentioning your wishes.
How Debts Are Handled
Before any assets are distributed, the estate must settle any outstanding debts. The estate administrator is responsible for paying off creditors. This includes settling medical bills, credit card debts, and any other financial obligations the deceased had. Only after debts are paid can the remaining assets be distributed to heirs.
Guardianship of Minor Children
If you have minor children, dying without a will leaves their guardianship up to the court. The court appoints a guardian based on what it believes is in the best interests of the child. This could mean that the person who ends up caring for your child may not be the one you would have chosen.
Impact on Business Ownership
For business owners, passing away without a will can lead to complications. Without clear instructions, your business might be sold or dissolved according to state laws. This can result in financial loss and stress for surviving family members who may depend on the business for their livelihood.
Intestate Succession Laws in Maryland
Maryland's intestate succession laws are designed to distribute assets fairly among surviving family members. Here are five key points:
Spousal rights: In Maryland, if a person dies intestate and is survived by a spouse and children, the spouse generally receives one-half of the estate, while the remaining half is distributed among the children. If there are no children, the spouse inherits the entire estate.
Parental rights: If a deceased individual has living parents but no spouse or children, the estate will be divided equally between the surviving parents.
Sibling inheritance: In cases where the deceased leaves no spouse, children, or parents, siblings are next in line for inheritance. If there are multiple siblings, they will equally share the estate.
Half-blood siblings: Maryland law treats half-blood siblings the same as whole-blood siblings in terms of inheritance rights. This means that half-siblings are entitled to share equally in the intestate estate.
Escheatment: If an individual dies intestate with no identifiable heirs, Maryland law stipulates that the estate will "escheat" or revert to the state. This means the state will assume ownership of the deceased's assets.
Grandparent inheritance: If a deceased individual has no surviving spouse, children, or parents, but has living grandparents, Maryland law allows the estate to be divided equally among the surviving grandparents. If both sets of grandparents are alive, each side will inherit an equal share of the estate. In cases where a grandparent has passed away, that grandparent’s share may be distributed among their surviving descendants.
Contact an Estate Planning Attorney in Dunkirk, Maryland
Julie A. Schejbal is an estate law attorney with over 25 years of experience. Her background includes years with the IRS legal team. She can effectively handle both liquid and non-liquid assets, especially concerning tax laws. If you need help with estate planning in Dunkirk, Maryland, contact the Law Offices of Julie A. Schejbal, CHTD.