How Does The Estate Law Work When There Is No Will???

[Casey Marie]

What is the name of your state (only U.S. law)? Maryland

I had a cousin die who lives in Maryland. She was an only child and both her parents have already passed away. She only has one uncle, one aunt, and 5 cousins living and we all live 8 hours away. She had no will. Here is the problem. She was a hoarder and her house is filled with trash, boxes, etc. It will take major work, several weeks, and a huge expense to clean out the house and repair it so it can be sold but we know there is quite a bit of equity in the home. As far as we know she had very little money in any banking accounts to use to pay any of her bills still owed. So far, everybody in the family wants to wash their hands of the estate and to let the State of Maryland take over because they don't want to spend out any money on an attorney or clean up expenses or make the 16 hour round trip to clean the place up. My mom is the only one who has stepped forward and showed any interest in the estate at all.
My question is: If all other family members have washed their hands in the matter and my mom uses her personal funds and time to take care of all matters dealing with the funeral, attorney fees, and clean up expenses, is she entitled to 100% of the equity in the home since all others said they want no part in it?

[Zigner]

[quote=Casey Marie;2404376]What is the name of your state (only U.S. law)? Maryland

I had a cousin die who lives in Maryland. She was an only child and both her parents have already passed away. She only has one uncle, one aunt, and 5 cousins living and we all live 8 hours away. She had no will. Here is the problem. She was a hoarder and her house is filled with trash, boxes, etc. It will take major work, several weeks, and a huge expense to clean out the house and repair it so it can be sold but we know there is quite a bit of equity in the home. As far as we know she had very little money in any banking accounts to use to pay any of her bills still owed. So far, everybody in the family wants to wash their hands of the estate and to let the State of Maryland take over because they don't want to spend out any money on an attorney or clean up expenses or make the 16 hour round trip to clean the place up. My mom is the only one who has stepped forward and showed any interest in the estate at all.
My question is: If all other family members have washed their hands in the matter and my mom uses her personal funds and time to take care of all matters dealing with the funeral, attorney fees, and clean up expenses, is she entitled to 100% of the equity in the home since all others said they want no part in it?[/QUOTE]

Nope - research the intestate succession laws for your state.

[Casey Marie]

[quote=Zigner;2404389][quote=Casey Marie;2404376]What is the name of your state (only U.S. law)? Maryland

Nope - research the intestate succession laws for your state.

Not even if the other family members have washed their hands of the estate? Does the courts system automatically give all heirs a portion of the estate or do the family members have to ASK the courts for their share?

[anteater]

Originally Posted by Casey Marie

Not even if the other family members have washed their hands of the estate? Does the courts system automatically give all heirs a portion of the estate or do the family members have to ASK the courts for their share?

Washing one's hands of something is not a legal concept.

Your mother can administer the estate and receive compensation from the estate for doing so. All reasonable and necessary expenses of administering the estate come from estate funds.

Unless the other heirs at law explicitly disclaim their interest in the estate, they are entitled to whatever share of the estate that Maryland's intestate succession statute allows them. (And disclaiming does not mean some off-handed comment. It means in writing submitted to the probate court.)

[JETX]

Originally Posted by Casey Marie

If all other family members have washed their hands in the matter and my mom uses her personal funds and time to take care of all matters dealing with the funeral, attorney fees, and clean up expenses, is she entitled to 100% of the equity in the home since all others said they want no part in it?

Simple answer... NO.
The decedents property (ALL OF IT) is now owned by her 'estate'. No individual can claim ownership of anything.
Since she passed without a will, called 'intestate', her estate will fall under the state where her property is located (in this case, Maryland) probate laws.
The applicable MD statutes can be found online at:
[url=http://www.mystatewill.com/statutes/md_law.htm]Maryland Intestacy Laws[/url]


Based SOLELY on the limited information you have provided, and using the 'intestancy calculator' provided on the above site, it would appear that the ONLY beneficiaries would be her aunt and uncle, splitting the estate equally (after all debts are paid).

If your mother has any interest in resolving this, she could file a request with the probate court to serve as the 'personal representative' (executrix) of her estate. She could then pay for the clean up, etc. and be reimbursed her ACTUAL costs from the estate.
I suggest she talk with a Maryland based probate attorney if she has any interest.

[Casey Marie]

Originally Posted by JETX

Simple answer... NO.

Based SOLELY on the limited information you have provided, and using the 'intestancy calculator' provided on the above site, it would appear that the ONLY beneficiaries would be her aunt and uncle, splitting the estate equally (after all debts are paid).

If your mother has any interest in resolving this, she could file a request with the probate court to serve as the 'personal representative' (executrix) of her estate. She could then pay for the clean up, etc. and be reimbursed her ACTUAL costs from the estate.
I suggest she talk with a Maryland based probate attorney if she has any interest.

She has just spoken with a Maryland Probate Attorney and he says that if the uncle signs a waiver/forfeit of interest for distribution, which the uncle has agreed to do, that 100% of any and all assets after probate would be given to the aunt. Does that sound right?

[JETX]

Originally Posted by Casey Marie

She has just spoken with a Maryland Probate Attorney and he says that if the uncle signs a waiver/forfeit of interest for distribution, which the uncle has agreed to do, that 100% of any and all assets after probate would be given to the aunt. Does that sound right?

Yep. There is no requirement that an heir actually accept a benefit. They can absolutely assign aware their 'inheritance right'.