how estate divides no will probate estate between living and deceased children?

Mom had no will. Mom had no spouse. Mom has four live children and one
deceased child,with a living spouse. How is estate divided?

Asked on April 19, 2017 under Estate Planning, Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone dies "intestate" (i.e. without a Will), then state law controls how their estate is distributed (i.e. the law of the state in which they were domiciled at the time of their death). Typically, in a situation such as this, since there is no surviving spouse the children of the deceased (living or dead) will inherit the entire estate. Therefore, the heirs/beneficiaries of the dead child's estate will inherit that child's portion of their mother's estate.

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