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§ 1-204. Same - Relative of half blood.
A relative of the half blood has the same status as a relative of the whole
blood of the same degree.
§ 1-210. Representation per stirpes.
(a) Intestate succession.- When provision is made for representation in this
article, the shares shall be determined in accordance with subsections (b)
and (c) of this section.
(b) Issue of decedent.- 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. 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 non-surviving 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.
(c) Issue of parent, grandparent, or great-grandparent of decedent.- 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. 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).
§ 3-101. Order of distribution of net intestate estate.
Any part of the net estate of a decedent not effectively disposed of by his
will shall be distributed by the personal representative to the heirs of the
decedent in the order prescribed in this subtitle.
§ 3-102. Share of surviving spouse.
(a) General.- The share of a surviving spouse shall be as provided in this
section.
(b) Surviving minor child.- If there is a surviving minor child, the share
shall be one-half.
(c) No surviving minor child, but surviving issue.- If there is no surviving
minor child, but there is surviving issue, the share shall be the first
$15,000 plus one-half of the residue.
(d) No surviving issue, but surviving parent.- If there is no surviving
issue but a surviving parent, the share shall be the first $15,000 plus
one-half of the residue.
(e) No surviving issue or parent.- If there is no surviving issue or parent,
the share shall be the whole estate.
(f) Calculation of net estate.- For the purposes of this section, the net
estate shall be calculated without a deduction for the tax as defined in §
7-308 of the Tax-General Article.
§ 3-103. Division among surviving issue.
The net estate, exclusive of the share of the surviving spouse, or the
entire net estate if there is no surviving spouse, shall be divided equally
among the surviving issue, by representation as defined in § 1-210.
§ 3-104. Distribution when there is no surviving issue.
(a) General.- If there is no surviving issue the net estate exclusive of the
share of the surviving spouse, or the entire net estate if there is no
surviving spouse, shall be distributed by the personal representative
pursuant to the provisions of this section. |
(b) Parents and their issue.- Subject to §§
3-111 and 3-112 of this subtitle, it shall be distributed to the surviving
parents equally, or if only one parent survives, to the survivor; or if
neither parent survives, to the issue of the parents, by representation.
(c) Grandparents and their issue.- If there is
no surviving parent or issue of a parent, it shall be distributed one half
to the surviving paternal grandparents equally, or if only one paternal
grandparent survives, to the survivor, or if neither paternal grandparent
survives, to the issue of the paternal grandparents, by representation, and
one half to the surviving maternal grandparents equally, or if only one
maternal grandparent survives, to the survivor, or if neither maternal
grandparent survives, to the issue of the maternal grandparents, by
representation. In the event that neither of one pair of grandparents and
none of the issue of either of that pair survives, the one half share
applicable shall be distributed to the other pair of grandparents, the
survivor of them or the issue of either of them, in the same manner as
prescribed for their half share.
(d) Great-grandparents and their issue.- If there is no surviving parent or
issue of a parent, or surviving grandparent or issue of a grandparent, it
shall be distributed one quarter to each pair of great-grandparents equally
or all to the survivor, or if neither survives, all to the issue of either
or of both of that pair of great-grandparents, by representation. In the
event that neither member of a pair of great-grandparents nor any issue of
either of that pair survives, the quarter share applicable shall be
distributed equally among the remaining pairs of great-grandparents or the
survivor of a pair or issue of either of a pair of great-grandparents, in
the same manner as prescribed for a quarter share.
(e) No surviving blood relative.- If there is no surviving blood relative
entitled to inherit under this section, it shall be divided into as many
equal shares as there are stepchildren of the decedent who survive the
decedent and stepchildren of the decedent who did not survive the decedent
but of whom issue did survive the decedent. Each stepchild of the decedent
who did survive the decedent shall receive one share and the issue of each
stepchild of the decedent who did not survive the decedent but of whom issue
did survive the decedent shall receive one share apportioned by applying the
pattern of representation set forth in § 1-210. As used in this subsection,
"stepchild" shall mean the child of any spouse of the decedent if such
spouse was not divorced from the decedent
§ 3-105. Escheat.
(a) Applicability; net estate.-
(1) (i) The provisions of this subsection are applicable if there is no
person entitled to take under §§ 3-102 through 3-104 of this subtitle.
(ii) The provisions of this subsection do not apply to any portion of a
decedent's estate that is comprised of land that is the subject of an
application for a certificate of reservation for public use under Title 13,
Subtitle 3 of the Real Property Article.
(2) (i) If an individual was a recipient of long-term care benefits under
the Maryland Medical Assistance Program at the time of the individual's
death, the net estate shall be converted to cash and paid to the Department
of Health and Mental Hygiene, and shall be applied for the administration of
the program.
(ii) If the provisions of subparagraph (i) of this paragraph are not
applicable, the net estate shall be converted to cash and paid to the board
of education in the county in which the letters were granted, and shall be
applied for the use of the public schools in the county.
(b) Refund.-
(1) After payment has been made to the Department of Health and Mental
Hygiene or to the board of education, if a claim for refund is filed by a
relative within the fifth degree living at the death of the decedent or by
the personal representative of the relative, and the claim is allowed, the
claimant shall be entitled to a refund, without interest, of the sum paid.
(2) A claim for refund under this subsection may not be filed after the
later of:
(i) 3 years after the death of the decedent; or
(ii) 1 year after the time of distribution of the property.
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