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If a person owns assets in his or her individual name and dies without a Will, assets remaining after payment of administration expenses, debts and taxes (if any) are distributed to the persons heirs as provided under Maryland Intestacy Laws (the person is said to have died intestate).
To make a living trust in Maryland, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trusts beneficiariesthat is, who will get the trust property. Create the trust document.
Please note that claims must be filed within 6 months from the date of death. 3.18. A deceased relative has Unclaimed Property.
If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
If the spouse and the decedent have been married for at least 5 years, then spouse inherits everything.
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If you have children who are minors, your spouse will inherit half of the intestate property and your children will inherit the other half. If you have no minor children, your spouse will inherit $15,000 of the intestate property and then half of the remaining property.
USING THE ELECTIVE SHARE After 15 years of marriage, a surviving spouse is entitled to half of the marital property portion of the augmented estate of the decedent. The augmented estate includes both probate and non-probate assets such assets held in a trust, life insurance proceeds and retirement benefits.
The amount youll spend to create a living trust in Maryland depends on the method you use to create it. If you do it yourself with the help of an online program, youll probably spend a few hundred dollars or so. If you hire an attorney, the total cost will probably be more than $1,000.
In general, the Maryland laws of intestacy provide that a surviving spouse receive one-half of the residuary estate, plus an additional $15,000 if there are no surviving minor children. The children will receive the other half of the residue, or the decedents surviving parents, if there are no children.
Assuming you have no creditor concerns, both spouses want all the assets to go to the surviving spouse, and state death tax will not be an issue, a joint trust may be the way to go, for several reasons: A joint trust is easier to fund and maintain during the couples lifetime.

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