Maryland Wrongful Death And Intestacy Statutes

Economic Portion of the Presumed Award

Damages are distributed to the class of people described below, in proportion to their pecuniary loss. Pecuniary loss is defined by the Maryland Wrongful Death Statute and cases defining the statute. The spouse, child and parent may recover lost financial support. If there is no spouse, child, or parent, then any person who is related by blood or marriage to the victim and who was substantially dependent upon the victim may bring the action.
See Md. Cts. & Jud. Proc. § 3-904 (2000).

Priority Under Intestate Laws

1. A spouse and minor children (does not include stepchildren) -- spouse receives ½ of the estate, minor children share remaining 1/2.
2. A spouse and all adult children (not including stepchildren) -- spouse receives $15,000 plus 1/2 of remaining estate, adult children divide the remaining share of the estate (the interest of a predeceased child passes to issue of that child).
3. Children only -- children (does not include stepchildren) divide estate equally among children in the same generation.
4. A spouse and parents -- spouse receives $15,000 plus 1/2 of remaining estate, both parents divide the balance or surviving parent receives the balance.
5. A spouse without other heirs listed above -- entire estate passes to spouse.
6. Parents without heirs listed above -- both parents divide entire estate or surviving parent takes all.
7. Brothers and/or sisters without other heirs listed above -- brothers and/or sisters divide estate equally (share of a deceased sibling goes to his or her issue nieces and nephews of the victim).
See Md. Code Ann., Est. & Trusts § 3-102, et. seq. (2002).

When there are Children of Different Generations (ie. grandchildren)

The property is divided into as many equal shares as there are children of the victim who survive the victim and children
of the victim who did not survive the victim but had their own children who did. Each child of the victim who did survive receives one share and the surviving issue of each child of the victim who did not survive divide one share.
See Md. Code Ann., Est. & Trusts § 3-102, et. seq. (2002).