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Session Laws, 1969
Volume 692, Page 24   View pdf image
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24                                     LAWS OF MARYLAND                             [CH. 3

entered into after or in anticipation of separation or divorce, is a
waiver of all rights to his family allowance as well as to his elective
share by each spouse in the property of the other, his right to letters
under Section 5-104, and an irrevocable renunciation by each of all
benefits which would otherwise pass to him from the other by
intestate succession, by statutory share, or by virtue of the provisions
of any will executed before the waiver or property settlement.

3-206. Time limitation for making election; withdrawal.

The election by a surviving spouse to take his elective share must
be made not later than thirty days after the expiration of the time
for filing claims. However, the Court shall have the power to extend
the time for election, before its expiration, for a period not to exceed
three months at any one time, upon notice being given to the personal
representative and for good cause shown. The surviving spouse may
withdraw his election at any time within thirty days after the ex-
piration of the time for filing claims.

3-207. Form of election.

An election to take an intestate share of a decedent's estate shall
be in writing and signed by the surviving spouse or other person
entitled to make such election pursuant to Section 3-204, and shall
be filed in the Court in which the personal representative of the
decedent was appointed. Such election may be in the following
form:

I, A. B., surviving spouse of C. D., late of the County (City)
of
........................................................, do hereby renounce all provi-
sions in the will of the said C. D. and do hereby elect to take my
intestate share of the estate of the said C.D.

[signature]

3-208. Effect of election upon will.

(a) Upon the election of the surviving spouse to take his intestate
share of the property of the decedent, all property or other benefits
which would otherwise have passed to the surviving spouse under
the will shall be treated as if the surviving spouse had died before
the execution of the will. Neither the surviving spouse nor any
person claiming through him shall receive any property under the
will.

(b) In the event of an election to take an intestate share, contribu-
tion to the payment thereof shall be made ratably by or on behalf of all
other legatees from their respective shares of the decedent's estate
(including any undisposed of portion of such estate). In lieu of
contributing (or having contributed on his behalf) an interest in
specific property to such intestate share a legatee may pay to the
surviving spouse in cash, or other property acceptable to such spouse,
an amount equal to the fair market value of such interest in specific
property on the date the election to take an intestate share was made
by the spouse. Unless otherwise specifically provided in the will, no
legatee shall be entitled, on account of any contribution made by or
on behalf of such legatee to the intestate share, to sequestration
or compensation from any other legatee, or from any other part of


 

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Session Laws, 1969
Volume 692, Page 24   View pdf image
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