What is the law of descent and distribution?
In Maryland, the law of descent and distribution is the set of laws that govern what happens to a person’s property after they die. Under this law, the deceased’s estate is divided among their heirs, which are typically family members such as a spouse, children, or siblings. The court will first look at the deceased’s will (if the deceased had a valid will) to determine which heirs should receive the estate. If the deceased did not have a valid will, the court will use the law of intestate succession to decide which heirs should receive the estate. Intestate succession is a set of laws that specify how the estate will be divided among the heirs if the deceased did not have a valid will. In Maryland, the law of intestate succession states that the spouse of the deceased will receive the first third of the estate, and the rest will be divided among the children, grandchildren, and other family members. However, if the deceased does not have any family members, then the estate will go to the state. In addition to the law of descent and distribution, Maryland also has laws that protect the deceased’s spouse and children from being disinherited, meaning that they cannot be left out of the will or be treated unfairly in the division of the estate.
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