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Uncle Died, this is a mess

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ryanneedsadvice

Junior Member
What is the name of your state? MD

Ok, my Uncle Brian is a veteran that has been living with my other Uncle Terrence for 30 years. My Uncle Terrence has a mental handicap of some sort that was never treated but basically he was a dependent of my Uncle Brian. My Uncle Brian passed away a month ago from cirrhosis of the liver and was deceased for an entire month in his bed before the police found him. My uncle Terrence is not in a mental state to deal with the problem so he went on living for a month while my uncle was deceased in the house. The police took my Uncle Terrence to the pych Ward at Johns Hopkins for evaluation which is where he is now. I visited him (first time I ever met him) and he was very pleasant and lucid, seeming as if he could ne fairly normal with the right kind of medication.
My Uncle Brian has an IRA in the amount of $43,000 and a townhouse in the city worth around $75000 (but probably needs $20,000 in repairs). These are his two major assets but I looked around the house and have not found a will. According to Brian's records he has a few collection accounts for what would likely amount to $10000. I recently inquired about who the beneficiary was listed as on his IRA. I am awaiting a response. My question is that my Uncle Terrence is the next of kin, but may likely be deemed as mentally disabled by the state. After him, me, and my 3 sisters would be considered the next of kin and it is likely that I am the only one that would put in any kind of effort to sort this out. How could I go about getting power of attorney and is this even possible with no will? Also, what is the best way to find a will if there is one?
 


seniorjudge

Senior Member
You can't get a power of attorney from a dead person.

If there is no will, you must do an intestate succession:


Maryland Intestate Succession Laws

If any part of a Maryland decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* If there is a surviving minor child, the surviving spouse gets one-half of the entire intestate estate (with the rest going to the decedent's minor child or children).
* If there is no surviving minor child, but there is surviving issue (defined as every living lineal descendant of the decedent except a lineal descendant of a living lineal descendant), the surviving spouse's share is the first $15,000 plus one-half of the remainder of the intestate estate.
* If there is no surviving issue but a surviving parent, the surviving spouse's share is the first $15,000 plus one-half of the remainder of the intestate estate.
* If there is no surviving issue or parent, the surviving spouse gets the whole estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's surviving issue, by representation. In such case, the property is divided into as many equal shares as there are children of the decedent who survive the decedent and children of the decedent who did not survive the decedent but of whom issue did survive the decedent. Each child of the decedent who did survive the decedent receives one share. Each child of decedent who did not survive also gets a share, except that the share is split between the nonsurviving child's children. The same pattern is repeated for other children that do not survive until all shares are determined.
2. Decedent's parent or parents equally.
3. Issue of decedent's parents, by representation (as described above).
4. Decedent's grandparents, with a one-half portion going to the paternal grandparents and the other half going to the maternal grandparents. If both of the grandparents on either side are deceased, their share goes to their issue by representation (as explained above).
5. Decedent's great-grandparents and their issue, by representation.
6. If there is no surviving blood relative entitled to inherit, decedent's intestate estate is divided into as many equal shares as there are stepchildren of the decedent who survive the decedent. Surviving issue of a deceased stepchild split a share by representation (as outlined earlier).

3. State of Maryland. If there is no taker under any of the above provisions, the intestate estate passes as a last resort to the state of Maryland. More specifically, if the decedent was a recipient of long-term care benefits under the Maryland Medical Assistance Program at the time of death, any available assets go to the Department of Health and Mental Hygiene. Otherwise, assets will go to the Board of Education.

Maryland Intestate Succession Law Fun Facts

* A child of the decedent who is conceived before decedent's death, but born afterwards, inherits as if the child was born in decedent's lifetime. The same does not apply, however, to any other after-born relations of decedent.
* Any person who fails to survive the decedent by 30 full days is considered to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If the time of deaths cannot be established to prove the 30-day survival, the person is not considered to have survived for the required period.
* Maryland's intestate succession laws are very thorough at preventing a bad parent from inadvertently getting a windfall after a child's death. Under Maryland law, any parent that physically abused their child or committed rape or sexually abused their child will get nothing from the child's intestate estate. The same applies to the estate of a minor child if a parent abandons their child or willfully fails to contribute to their child's support prior to the child's death.
* Maryland's intestate succession laws can be found in Title 3 of Estates and Trusts portion of the Maryland Code.

Copyright 2002 - 2007, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.

http://www.finance.cch.com/pops/c50s10d190_MD.asp
 

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