“Where there is no will, the State has a way”
Many clients who are married may assume all their assets would go to their spouse if they passed away.
There is some truth to this. To the extent that a spouse is a joint surviving owner or a beneficiary of an asset, that asset will go to the spouse, regardless of whether there is a will or not.
The first question is whether there is a legally valid will. If the will does not meet the minimum requirements for a valid will, then the probate court will consider the person to have died intestate, which means without a will. A will that is unsigned, or not properly witnessed, is of no use. When a person dies without a will, all of the assets that are in his or her own name must be administered as part of that person’s estate, which is called probate.
Each state has a statute that specifies who will inherit the assets, and each state is slightly different. In Maryland if there is no spouse, but the decedent had living children, the children will inherit the estate. If there are no living children, but there is a surviving spouse, that spouse will inherit everything. If there is a surviving spouse and surviving children, then the amount inherited will also depend on 1) whether any children are minors and 2) whether the children are also the children of the surviving spouse. In addition, a registered domestic partner will be treated as a spouse.
As you can see, it is important to work with an experienced attorney to ensure that you have proper estate planning documents so that you can be sure your assets go to the people or charities that are important to you. Contact us today to discuss your legacy.
