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§ 3-405. Right of election

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

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 3. Intestate Succession and Statutory Shares (Refs & Annos)
Subtitle 4. Elective Share of Surviving Spouse (Refs & Annos)
Effective: October 1, 2020
MD Code, Estates and Trusts, § 3-405
§ 3-405. Right of election
Currentness
In general
(a) The right of election of a surviving spouse:
(1) Is personal to the surviving spouse;
(2) Is not transferable; and
(3) Cannot be exercised after the surviving spouse's death.
Minor or incapacitated surviving spouse
(b) Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17-101(c) of this article, the election may be exercised by:
(1) An order of the court having jurisdiction of the person or property of the minor or incapacitated person;
(2) A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or
(3) An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.
Guardians or agents
(c)(1) Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent shall deliver notice of the election to:
(i) All interested persons in the decedent's estate; and
(ii) All persons who would inherit from the surviving spouse under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.
(2) An exercise of a right of election under subsection (b) of this section is valid unless:
(i) Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and
(ii) Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.

Credits

Added by Acts 2019, c. 435, § 1, eff. Oct. 1, 2020.
MD Code, Estates and Trusts, § 3-405, MD EST & TRST § 3-405
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