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§ 3-106. Advancements against shares

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 3. Intestate Succession and Statutory Shares (Refs & Annos)
Subtitle 1. Intestate Succession (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 3-106
§ 3-106. Advancements against shares
Currentness
Written declarations or acknowledgments
(a) If a decedent dies intestate as to a part of the decedent's net estate, property which the decedent gave in the decedent's lifetime to an heir shall be treated as an advancement against the share of the latter of the net estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement.
Value at time heir came into possession or enjoyment of property
(b) For this purpose the property advanced shall be valued as of the time the heir came into possession or enjoyment of the property.
Recipients who fail to survive decedent
(c) If the recipient of the property fails to survive the decedent, the property shall be taken into account in computing the share of the issue of the recipient.
Share of surviving spouse
(d) An advancement to an heir other than the surviving spouse may not increase the share of the surviving spouse under § 3-102 of this subtitle.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 3-106.
MD Code, Estates and Trusts, § 3-106, MD EST & TRST § 3-106
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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