Attorney
When a person passes away without a will (or, in the case of certain assets, without designated beneficiaries), the decedent’s assets are distributed according to what is known as intestate succession. In this situation, “who gets what” follows strict guidelines established by the state of Maryland. Broadly speaking, these guidelines mandate that assets be distributed to the decedent’s surviving spouse and children, followed by the decedent’s closest living relatives.
What if there is no surviving spouse? The assets would then go to the children in equal shares. If there are no children, the decedent’s parents would be next in line, followed by more distant blood relatives. If there are no blood relatives, but the decedent had surviving stepchildren, the stepchildren would receive the assets in equal shares. Finally, if there are no known blood relatives or stepchildren, estate assets could wind up being distributed to the Board of Education in the City or County where the decedent resided.
Consider the following example. Let’s say you were married, and had minor children, when you passed away. In that case, your spouse would inherit half of your property and your minor children would inherit everything else. Is this what you would have wanted? Probably not, but that’s what would happen—and it is just one example of how Maryland’s intestacy statutes can lead to undesirable outcomes.
In short, a decedent’s assets have to go somewhere, and Maryland has devised a system for distributing them if the decedent didn’t make a will.
The bottom line is that without a will you have no control over what happens to your assets after you pass away. Nor will you have control over who serves as your as your personal representative. A personal representative, also known as an executor, is responsible for settling an estate. Given the importance of this role, it is likely that some members of your family will be unhappy with the state’s choice of personal representative. This can lead to family infighting, expensive litigation, and hard feelings between family members that can last a lifetime.
Estate planning allows you to take complete control of your affairs and ensure your wishes are carried out after you pass away. For experienced counsel and a properly designed estate plan, including a will and other crucial legal documents, we invite you to call the Law Offices of Clifford M. Cohen at (202) 895-2799 to schedule a meeting. We can meet in-person at our office or virtually via Zoom and other platforms.