2010 Maryland Code
ESTATES AND TRUSTS
TITLE 3 - INTESTATE SUCCESSION AND STATUTORY SHARES
Subtitle 3 - Statutory Share of Pretermitted Child and Issue
Section 3-301 - When entitled to share.
§ 3-301. When entitled to share.
(a) Birth after execution of will.- A will may not be revoked by the subsequent birth, adoption, or legitimation of a child by the testator except under the circumstances referred to in § 4-105 (3) of this article.
(b) Legacy to a child.- A child described in subsection (a) or issue, if any, of such child who does not survive the testator, is entitled to a share in the estate to be determined and paid in accordance with § 3-302 and § 3-303, if:
(1) The will contains a legacy for a child of the testator but makes no provision for a person who becomes a child of the testator subsequent to the execution of the will;
(2) The child was born, adopted, or legitimated after the execution of the will;
(3) The child, or his issue, survive the testator; and
(4) The will does not expressly state that the child, or issue, should be omitted.
[An. Code 1957, art. 93, § 3-301; 1974, ch. 11, § 2; 1993, ch. 5, § 1.]
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