Many people wrongly assume that when you die without a Will then everything is left to your surviving spouse. The real answer is that most lawyerly of responses: it depends. Maryland law determines how your assets will be divided when you die without a Will.

If at the time of your death you have children who are living, then they receive half. If you have parents who are living (and you did not have children), then the parents will receive half. The Maryland Legislature has updated the law slightly with the passage of SB317, which modifies the amount that the parents of the decedent may receive. If you were married for more than five years at the time of death, then your parents will not receive an intestate share. For those married less than five years, then the parents will still inherit.

Now you may ask yourself, why is my nine-month old (or 75 year old parent) going to get half of my assets when I die instead of my wife getting everything? Because Governor Hogan[1] and the Maryland Legislature say so. The public policy concept is somewhat understandable because it is important to make sure that your children are provided for after your death. (It’s less clear with respect to parents inheriting.)

Consider what happens when a nine-month old inherits. Your spouse could need to seek a guardianship over them, and those assets would be held in a restricted account. The Court would have to approve expenses and they could only be used for the benefit of the child. If you surviving spouse decided the best use of the funds is to renovate the house, so that it can be prepared for sale, and get the child into a better school district, then they would have to ask the court’s permission. There is also no guarantee that your surviving spouse would be appointed as guardian over the assets either.

The solution is simple, but more than half of Americans do not have a Will (and two-thirds do not have incapacity planning documents). This is an easily avoidable problem. Do your family a favor and make sure that your Will is up to date so that they don’t have to live with the consequences of Governor Hogan’s Will.

Our attorneys are well versed in estate planning, administration and litigation. We regularly lecture on these topics for other lawyers. Call now for a free consultation.

David A. (Andy) Hall, Esq.
King|Hall LLC
410-928-1104
5300 Dorsey Hall Drive
Suite 107
Ellicott City, Maryland 21042
andy@kh.legal

[1] To be fair to Governor Hogan, this has been the law for many decades.