Plan For The Future With Confidence

Plan For The Future With Confidence

What happens if a person dies without a will in the state?

On Behalf of | Aug 20, 2024 | Estate planning

When someone passes away without a will, it can be a stressful and overwhelming experience for the loved ones left behind. The grieving process is already complicated enough, but adding uncertainty and confusion about what happens to the deceased person’s assets and belongings can make it even harder to cope.

In Maryland, estate distribution laws can be complex and unpredictable, leaving families wondering what will happen to their loved one’s legacy. Will their wishes be respected, or will the state decide who gets what? In this blog, we’ll explore what happens when someone dies without a will in Maryland.

What are the intestacy rules in Maryland?

If a person who owns assets in their individual name dies without a will, a court will distribute their assets, debts and taxes to their heirs. The court will follow the state’s intestacy rules when allocating the properties.

In Maryland, the deceased person’s closest living relatives, starting with their surviving spouse and kids, will inherit their assets. However, if the person died without a spouse, their children would receive equal shares of the estate.

If the deceased person has no surviving spouse or kids, their parents will be the next to inherit their assets. In cases where they have no known blood relatives but have stepchildren, the court will equally distribute the estate to the stepchildren.

In cases where there are no known blood relatives or stepchildren, the state may inherit the deceased person’s estate. If you pass on without any known blood relatives or stepchildren, then the state will distribute your wealth to the Board of Education in the place where you live.

Taking control of your assets and legacy

Dying without an estate plan may lead to conflict, uncertainty and unintended consequences for your loved ones. While creating a will may seem complicated, it is a significant step in protecting your family’s legacy and future and avoiding potential disputes.

Consider discussing your issues to an experienced attorney who can guide you through the process. With their help, you can create a clear and comprehensive estate plan.

After more than 30 years of trusted service to the Greater Baltimore community and throughout the State of Maryland in Elder Law and Estate Planning, Frank, Frank & Scherr has been acquired by McDonald Law Firm, and is now fully part of McDonald Law Firm. This transition ensures long‑standing clients continue to receive experienced, compassionate legal guidance—now with expanded resources and a broader regional reach.

For more than a decade, McDonald Law Firm has specialized in Elder Law, Estate Planning, and Special‑Needs Planning, helping individuals and families plan for long‑term care, protect assets, preserve independence, and secure their loved ones’ futures. McDonald Law Firm proudly serves clients throughout Maryland and Washington, D.C., providing tailored legal solutions aligned with each client’s goals and circumstances.

By combining decades of trusted experience with a forward focused approach, McDonald Law Firm continues the legacy established by Frank, Frank & Scherr—delivering knowledgeable, personalized counsel in matters involving long‑term care planning, special-needs planning, and comprehensive estate strategies.

Schedule a consultation today to learn how the experienced elder law and estate planning attorneys at McDonald Law Firm can help you plan with confidence.

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