Per stirpes (by the stocks) can be applied in different ways. Strict per stirpes (or the English system) divides the property into as many shares as there are living children and deceased children having living descendants. In other words, the division occurs at the next generational level regardless of whether there is anyone living in this generation.
The large majority of American states follow a different system of per stirpes. This system begins the separation into units at the first generational level where there is one or more living descendants. This system of representation is commonly called the modern (or American) per stirpes method.
Maryland uses the English method for direct descendants. When the distribution is going not to a direct descendant but to the issue of a parent, grandparent, or great-grandparent of the decedent (in other words, when there are no lineal descendants) the “American” system is used. See Md. Code Ann., Est. & Trusts § 1-210(c). The Uniform Probate Code (1993) applies the modern or American system in all cases. See Unif. Probate Code § 2-709.
Under § 3-112, a surviving parent is not entitled to an intestate share of a minor child of the parent if the parent has abandoned the child or willfully failed to contribute to the support of the child for at least three consecutive years immediately preceding the death of the child (or for the lifetime of the child whichever is less).
