Legal Blog

The Weekly Scenario: Death Before Estate Settlement

Question: My brother who was heir along with 3 other siblings died before our Dad’s estate was settled. Who gets his share now? My brother has a daughter and was married but separated, but he died without a Will. Does his share now go to his daughter, or back to the estate? Answer: The answer depends on the state in which your brother died. Also it is essential to know whether your father died testate (with a Will ) or intestate (without a Will). Generally, Maryland law says that if your brother survived your father by at least 30 days, your brother’s share is vested (passes through your brother’s estate) as opposed to passing through your father’s estate. If vested in your brother, we need to look to Maryland intestacy law again to figure out where his share will pass. The Maryland statute will provide the answer to how that property passes If you have any questions or would like more information please contact Steve Shane at: | 301.575.0313.


Steve Shane Head Shot for webSteve Shane provides strategic counseling to clients in need of estate administration, charitable giving and business continuity planning while minimizing estate, gift, and generation-skipping transfer tax exposure. He offers legal guidance to clients on asset protection and the proper disposition of assets in accordance with the client’s objectives, while employing tax planning techniques such as the use of irrevocable trusts, life insurance planning, lifetime gifts and charitable trust. He is also experienced with drafting documents for business planning, the incorporation and application for exemption for Private Foundations and the administration of decedents’ estates. You can also connect with Offit Kurman via FacebookTwitterGoogle+YouTube, and LinkedIn. WASHINGTON | BALTIMORE | FREDERICK | PHILADELPHIA | WILMINGTON | VIRGINIA