Maryland’s Intestacy Law Changes: What You Need to Know Now

Attention Marylanders: significant changes are pending concerning how estates are distributed for those who pass away without a will. The most prominent shift revolves around provisions for surviving spouses. On and after October 1, 2023, if a decedent's surviving adult children are also children of the surviving spouse, the spouse will inherit the entire estate. In scenarios involving adult children not shared with the surviving spouse, the spouse's share increases significantly. This article dives deep into these changes coming soon, and why having a personalized estate plan is more critical than ever.

To see a detailed comparison of the old and new laws, check out this comprehensive Intestacy Summary Grid published by the Maryland office of Register of Wills.

The Intricacies of Intestacy and Its Importance

Before delving into the details, let's first understand the term "intestacy". In the realm of estate planning, "intestacy statutes" refer to laws that govern the estates of individuals who die "intestate" - or in simpler terms, without a will. These laws determine how your assets will be divided and who will oversee their distribution.

The primary takeaway? If you don't have a will or another form of estate planning such as a trust, the state takes the wheel when you die.

Spotlight on Maryland's Intestacy Law Changes

Based on the grid provided, here's a summary of the significant alterations Maryland has made to its laws:

1. For Surviving Spouses:

• If the decedent has adult children who aren't also children of the surviving spouse, the surviving spouse now gets $100,000 plus half of the remaining estate. This is an increase from $40,000 under the previous law.
• If the decedent's surviving adult children are also children of the surviving spouse, the spouse now receives the entire estate. Previously, they'd get $40,000 plus half of what remained, and the children would split the remaining half evenly.
• Without children but with surviving parents, the spouse now inherits the entire estate, regardless of the marriage duration. The prior law provided different amounts to a surviving spouse depending on whether the marriage had lasted more or less than five-years.

2. Domestic Partnerships:

• Maryland has introduced a Domestic Partnership Registry managed by Registers of Wills. Previously, there was no such registry.
• If in a registered partnership, the surviving domestic partner will now be treated the same as a spouse in an intestate estate. The new law also provides full exemption from inheritance tax for registered partnerships.

3. Great-Grandparents and Descendants:

• The new law introduces stepchildren as the heirs next in line to inherit, in the absence of other immediate family. Previously, this position was held by the descendants of great-grandparents.

4. Language and Terminology:

• The updated statutes replace stigmatizing terms, opting for more inclusive and neutral language. For instance, "maternal" and "paternal" grandparents are now identified as the "first" and "second" set of grandparents.

Why Personalized Estate Planning is Imperative

While these changes to Maryland's intestacy laws seem to cater to a broader and more modern demographic, relying solely on the state to decide the fate of your assets is risky. Estate planning allows you the privilege of determining how your assets will be divided and who will be responsible for their distribution.

Moreover, an estate plan can provide clarity and reduce potential conflicts among surviving family members. By taking matters into your own hands, you can ensure that your assets are allocated according to your wishes and values.

Maryland's updated intestacy laws are a reminder of the dynamic nature of legal systems and the need for proactive estate planning. While it's commendable that Maryland is taking steps to accommodate modern family structures and remove outdated language, leaving your estate's fate to the default provisions can be precarious.

Ensure your legacy is preserved in the way you envision. Don't leave things to chance or statutes. It's always the right time to craft your personalized family estate plan. Secure your family's future and give yourself peace of mind. After all, it's not just about assets; it's about ensuring your loved ones are cared for in the best possible way.

The attorneys and professional staff at Stouffer Legal stand ready to help you plan and protect your estate. To learn how you can get started with your Estate Planning process visit https://www.stoufferlegal.com/steps-to-estate-planning-in-baltimore-maryland-stouffer-legal

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