Hi There,

I live in the state of Maryland and would like to know more about Maryland Marriage Law of Living Wills.

My husband own a house.
I also own a house.

If either of us died, am I automatically own his house? Or, we have to add each other name on the DEED of Trust and Title.

Also, if we have retirement, assets... etc. If either of us died, the other person will automatically get all the asset?

Please help.

Thanks,

Michelle

Providing there was not a will stating differently, by default, yes, you each would be the first successor to the estate.

No you would not automatically own the house. It would become part of his estate. If there was no will the law of succession for MD is as follows:

If a widow and children survived, the widow received one-third and the residue was divided equally among the children. In cases where a child has died earlier, leaving issue, his or her children would divide equally what would have been that child's share.
If there were no children, the widow was allowed one-half and the residue was distributed equally among the next of kin of the equal degree.

Also a spouse cannot be written out of a will. A spouse must be granted at least 1/3 of the estate.

I will add a note of caution - pay the money, retain an Attorney, both of you set up your estates exactly the way you want them. It is foolish to attempt these matters by yourself and you both need to be protected in the event the other one dies.

Only you - based on heirs, value of your estates - know what is best and viable.