BLAIR LEE III, Acting Governor

1063

CHAPTER 111
(House Bill 256)

AN ACT concerning

Decedents' Estates — Intestate Succession
and Statutory Shares

FOR the purpose of changing the share of an estate which the
surviving spouse receives in intestate succession;
removing a surviving brother or sister, or issue of a
brother or sister, from those eligible to receive under
intestate succession if there is a surviving spouse;
renumbering certain subsections; and providing that the
surviving spouse who exercises his right to an elective
share may not take more than a certain share in certain
circumstances; and providing that this Act applies only
to certain estates-

BY repealing and reenacting, with amendments,

Article — Estates and Trusts
Section 3-102 and 3-203
Annotated Code of Maryland
(1974 Volume and 1977 Supplement)

SECTION 1- BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s)of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article — Estates and Trusts

3-102.

(a)    The share of a surviving spouse shall be as
provided [for] in this section.

(b)    If there is also a surviving issue, the share
shall be [one third] ONE-HALF.

(c)    If there is no surviving issue but a surviving
parent, the share shall be one half.

[ (d) If there is no surviving   issue or parent but a

surviving brother or sister, or     issue of a brother or

sister, the share shall be $4,000      plus one half of the

residue.

(e)] (D) If there is no surviving issue[ , ] OR
parent, [brother, sister, or issue of a brother or sister,]
the share shall be the whole estate.

[ (f) ] (E) For the purposes of this section, the net
estate shall be calculated without a deduction for the tax
as defined in § 11-109.