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Current as of December 31, 2021 | Updated by FindLaw Staff
(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.
(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.
(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.
Cite this article: FindLaw.com - Maryland Code, Estates and Trusts § 3-405 - last updated December 31, 2021 | https://codes.findlaw.com/md/estates-and-trusts/md-code-est-and-trst-sect-3-405/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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