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§ 3-302. Amount of share distributed to child

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 3. Statutory Share of Pretermitted Child and Issue (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 3-302
§ 3-302. Amount of share distributed to child
Currentness
In general
(a) A child permitted to share in the estate of a decedent under § 3-301 of this subtitle shall receive from the personal representative an amount equal to the lesser of:
(1) The distribution which the child would have taken in the event of intestacy; or
(2) The value of all legacies to children of the testator and issue of deceased children divided by the total number of children of the testator who survive the testator and deceased children leaving issue who take under this subtitle, including the pretermitted child.
Pretermitted child who did not survive testator
(b) The issue of a pretermitted child who did not survive the testator may take the amount by representation.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 273, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 3-302.
MD Code, Estates and Trusts, § 3-302, MD EST & TRST § 3-302
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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