Next-of-Kin Requirements

• If a person dies without a will, the state of Maryland must divide his estate based on next-of-kin rules. Your spouse automatically gets half of your estate, and then any surviving children get the other half. If you have no children, your parents get the second half of the estate if they are alive. In the event that you don't have a spouse, children or parents, your siblings and their children divide the estate equally. If your only surviving relatives are grandparents or great-grandparents, they receive your estate; if you have no surviving relatives, the County Board of Education receives your entire estate.
  
  

Surviving Spouse

• Even if you leave a will, Maryland law allows your surviving spouse to take a portion of your estate rather than the inheritance you specified in your will. If you have no other surviving relatives, your spouse may take half of your estate. If you have other surviving relatives, your spouse may take one-third of your estate.
  
  

Joint Tenancy

• If you and your spouse jointly own property, the property automatically passes to your spouse upon your death; in addition, your spouse becomes solely responsible for any taxes on the property or debts owed on it. Maryland law does not allow you to override joint tenancy by leaving the property to someone else in your will, although your spouse can give the property to someone else after he receives it if he wishes.
  
  

Omitted Children

• If you "cut out" a child from a will by not providing him with any inheritance while providing an inheritance for your other children, Maryland law allows him to go to court to attempt to get his share. If the child was born or adopted after you wrote your will and you didn't specifically exclude him from the will, he many be entitled to the portion of your estate he would receive in the absence of the will.