30 day survivorship clause...

[Adoc86]

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

In a will does the 30 day survivorship clause only apply to the spouse? For instance if the will states:

"I give all of my personal and household effects, automobiles and other tangible personal property to my husband, if he survives me by at least thirty (30) days. If my husband does not so survive me, I give the same to "my son", per stirpes."

In my case this is part of my grandmother's will. At the time of her death my grandfather had already passed years earlier. My grandmother had one child (my father) who passed away two weeks after her (so less than 30 days). When first reading the clause, to me the word "same" meant she gives the same effects under the same conditions (the 30 days) to her son if her husband had passed. Is this the case or no? Since my father did not survive 30 days does the inheritance go to the next direct beneficiary? Or would it go to my father's wife? (I know this also depends on if my father has a will, but lets say that he doesnt).

 

[Adoc86]

I did some research and found this Maryland statute regarding estates and trusts... I guess its probably self explanatory to most people, but I want to be sure.

"§3–110.
If a descendant, ancestor, or descendant of an ancestor of the decedent, fails to survive the decedent by 30 full days, he shall be considered to have predeceased the decedent for purposes of intestate succession, and is not to be entitled to the rights of an heir. If the time of death of the decedent or of the descendant, ancestor, or descendant of an ancestor of the decedent, who would otherwise be an heir, or the times of death of both, cannot be determined, so that it cannot be established that he has survived the decedent by 30 full days, that person shall not be considered to have survived for the required period."

So since my father only survived my grandmother by 16 days this means I would be the next heir, correct?

 

[anteater]

I did some research and found this Maryland statute regarding estates and trusts... I guess its probably self explanatory to most people, but I want to be sure.

"§3–110.
If a descendant, ancestor, or descendant of an ancestor of the decedent, fails to survive the decedent by 30 full days, he shall be considered to have predeceased the decedent for purposes of intestate succession, and is not to be entitled to the rights of an heir. If the time of death of the decedent or of the descendant, ancestor, or descendant of an ancestor of the decedent, who would otherwise be an heir, or the times of death of both, cannot be determined, so that it cannot be established that he has survived the decedent by 30 full days, that person shall not be considered to have survived for the required period."

So since my father only survived my grandmother by 16 days this means I would be the next heir, correct?

The statute that you quote applies to intestate succession.

 

[Adoc86]

The statute that you quote applies to intestate succession.

Ok, thanks! So disregarding that quote (I didn't know that intestate meant that no will existed), what is your interpretation of the statement in the will?

 

[anteater]

Ok, thanks! So disregarding that quote (I didn't know that intestate meant that no will existed), what is your interpretation of the statement in the will?

Many responders here also respond on other forums, myself included. And you asked about this on another forum to which I responded. My opinion has not changed.

The survivorship clause in your grandmother's will applies only to your grandfather. Therefore, your father's probate estate is entitled to inherit from your grandmother's probate estate - even though your father only survived her by 16 days. If your father has a will, then its provisions would determine how his probate estate is distributed. If he did not have a will, then Maryland's intestate succession distribution would apply. In other words, you and his surviving spouse would essentially split his net assets.

§ 3-102. Share of surviving spouse


(a) In general. -- The share of a surviving spouse shall be as provided in this section.

(b) Surviving minor child. -- If there is a surviving minor child, the share shall be one-half.

(c) No surviving minor child, but surviving issue. -- If there is no surviving minor child, but there is surviving issue, the share shall be the first $ 15,000 plus one-half of the residue.

(d) No surviving issue, but surviving parent. -- If there is no surviving issue but a surviving parent, the share shall be the first $ 15,000 plus one-half of the residue.

(e) No surviving issue or parent. -- If there is no surviving issue or parent, the share shall be the whole estate.

(f) Calculation of net estate. -- For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7-308 of the Tax - General Article.

That said, I suggest that you set up an appointment with a MD probate attorney for a review of grandmother's will.