Section 4-403 - Lapse. - Maryland Statutes

§ 4-403. Lapse.
 

(a)  Death of legatee prior to testator.- Unless a contrary intent is expressly indicated in the will, a legacy may not lapse or fail because of the death of a legatee after the execution of the will but prior to the death of the testator if the legatee is: 

(1) Actually and specifically named as legatee; 

(2) Described or in any manner referred to, designated, or identified as legatee in the will; or 

(3) A member of a class in whose favor a legacy is made. 

(b)  Effect of death of legatee.- A legacy described in subsection (a) shall have the same effect and operation in law to direct the distribution of the property directly from the estate of the person who owned the property to those persons who would have taken the property if the legatee had died, testate or intestate, owning the property. 

(c)  Creditors of deceased legatee.- Creditors of the deceased legatee shall have no interest in the property, whether the claim is based on contract, tort, tax obligations, or any other item. 
 

[An. Code 1957, art. 93, § 4-403; 1974, ch. 11, § 2; 1983, ch. 408.]