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§ 14.5-606. Filing of election to take elective share

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2020

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 14.5. Maryland Trust Act (Refs & Annos)
Subtitle 6. Revocable Trusts (Refs & Annos)
Effective: October 1, 2020
MD Code, Estates and Trusts, § 14.5-606
§ 14.5-606. Filing of election to take elective share
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Estate subject to election” has the meaning stated in § 3-401 of this article.
(3) “Spousal benefits” has the meaning stated in § 3-401 of this article.
In general
(b) After the filing of an election to take an elective share under § 3-403 of this article becomes final:
(1) All property or other benefits that would have passed to the surviving spouse under the trust instrument, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died on the day before the settlor; and
(2) The surviving spouse or a person claiming through the surviving spouse may not receive property, other than property forming any portion of the spousal benefits, under the trust instrument.

Credits

Added by Acts 2019, c. 435, § 1, eff. Oct. 1, 2020.
MD Code, Estates and Trusts, § 14.5-606, MD EST & TRST § 14.5-606
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document