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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33726
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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If a spouse dies in the state of Maryland there isn't a will

Customer Question

If a spouse dies in the state of Maryland there isn't a will his name is ***** ***** one on the deed to the marital home three children from his previous relationship. Who gets the house? Both spouses have paid for upgrades, mortgage etc.
Who gets the timeshare they both have paid for.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the house is solely in the name of the deceased, and they had no will, then the default state intestacy laws would control who inherited it. In MD, if someone passes while married and has children from a prior marriage, then the spouse inherits the first $15,000 of the estate plus half the balance. The children divide up the other half of anything over $15K.

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So the surviving spouse would get the first $15,000 and then half of anything that was in the decedent's name over that amount.

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thanks

Barrister