In an action arising under this subtitle, a court may:
(1) On a showing of clear and convincing evidence, modify:
(i) The calculation of the value of an augmented estate;
(ii) The calculation of the value of an estate subject to election;
(iii) The calculation of the value of spousal benefits; or
(iv) The sources of payment of an elective share;
(2) Consider the circumstances of any transfer or arrangement, including:
(i) The extent of control retained by the decedent;
(ii) The motivation for the transfer or arrangement;
(iii) The familial relationship between the decedent and the beneficiary of the transfer
(iv) The degree, if any, to which the transfer or arrangement deprives the surviving
spouse of property that otherwise might form part of the value of the augmented estate,
estate subject to election, or spousal benefits;
(v) The degree, if any, to which the transfer or arrangement provides a benefit to
the surviving spouse beyond what would be available to the surviving spouse as part
of the elective share;
(vi) The length and nature of the relationship between the decedent and the surviving
(vii) The nature and value of the surviving spouse's assets; and
(viii) The relationship of the beneficiary of the transfer or arrangement to any previous
owner of the property subject to the transfer or arrangement;
(3) Award reasonable attorney's fees;
(4) Pass orders requiring the holder or recipient of any portion of an augmented estate,
an estate subject to election, or spousal benefits to provide any information that
the court considers necessary to determine the value or sources of payment of an elective
(5) Transmit issues of fact relating to the value or sources of payment of an elective
share to the circuit court of the county in which the election under § 3-403 of this subtitle is filed.
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.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.