What happens when someone dies without a will and a spouse and grown children are involved

My dad passed away. He had a spouse but
not will. There are 5 grown children
and the spouses name is not on
anything. What happens to the house and
contents of house

Asked on March 26, 2017 under Estate Planning, Maryland

Answers:

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

Answered 3 years ago | Contributor

When somone dies without a Will, they are said to have died "intestate". Accordingly, the intestatcy laws of the state in which the deceased was domiciled as of the time of their death will control. In MD, if the deceased leaves a surviving spouse and adult children, the spouse inherits $15,000 worth of the intestate property plus 1/2 of the balance, and the children inherit everything else. At this point, since your father's wife is not being coopertaive, you should contact a local attorney; they can best advise you further after going over all of the details of your case.


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