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§ 1-210. Division per stirpes

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

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 1. Estates of Decedents--General Provisions (Refs & Annos)
Subtitle 2. Determining Relationship (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 1-210
§ 1-210. Division per stirpes
In general
(a) When provision is made for representation in this article, the shares shall be determined in accordance with subsections (b) and (c) of this section.
Issue of decedent
(b)(1) In the case of issue of the decedent, the property shall be divided into as many equal shares as there are children of the decedent who survive the decedent and children of the decedent who did not survive the decedent but of whom issue did survive the decedent.
(2) Each child of the decedent who did survive the decedent shall receive one share and the issue of each child of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying to the children and other issue of each nonsurviving child of the decedent the pattern of representation provided for in this subsection for the children and other issue of the decedent and repeating that pattern with respect to succeeding generations until all shares are determined.
Issue of parent, grandparent, or great-grandparent of decedent
(c)(1) In the case of issue of a parent, grandparent, or great-grandparent of the decedent, the property shall be divided into as many equal shares as there are lineal descendants of either, or of both, of the pair of parents, grandparents, or great-grandparents, as the case may be, of the nearest degree of relationship to the decedent of whom any survived the decedent and who did so survive, and lineal descendants of the same degree who did not survive the decedent but of whom issue did survive the decedent.
(2) Each lineal descendant of the nearest degree surviving the decedent shall receive one share and the issue of each deceased lineal descendant of that degree who left issue surviving the decedent shall receive one share apportioned in the manner of representation set forth for issue of the decedent in subsection (b) of this section.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1981, c. 361; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 1-210.
MD Code, Estates and Trusts, § 1-210, MD EST & TRST § 1-210
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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