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Session Laws, 1974
Volume 713, Page 56   View pdf image
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56                                             LAWS OF MARYLAND                               [Ch. 11

FOR FILING CLAIMS.

REVISOR'S NOTE: This section presently appears as
Art. 93, §3-206. It is divided into two
subsections. The only changes are in style
and language.

3-207. FORM OF ELECTION.

(A)   WRITING.

AN ELECTION TO TAKE AN INTESTATE SHARE OF AN ESTATE
OF A DECEDENT SHALL BE IN WRITING AND SIGNED BY THE
SURVIVING SPOUSE OR OTHER PERSON ENTITLED TO MAKE THE
ELECTION PURSUANT TO §3-204, AND SHALL BE FILED IN THE
COURT IN WHICH THE PERSONAL REPRESENTATIVE OF THE
DECEDENT HAS APPOINTED.

(B)   FORM.

THE ELECTION MAY BE IN THIS FORM.

I, 1. B., SURVIVING SPOUSE OF C. D., LATE OF THE
COUNTY (CITY) OF....., RENOUNCE ALL PROVISIONS IN THE
WILL OF C. D. AND ELECT TO TAKE MY INTESTATE SHARE OF HIS
ESTATE.

(SIGNATURE)

REVISOR'S NOTE: This section presently appears as
Art. 93, §3-207. It is divided into two
subsections. The only changes are in style
and language.

3-208. EFFECT OF ELECTION UPON WILL.
(A) NO BENEFITS UNDER WILL.

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 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. THE SURVIVING SPOUSE AND A PERSON CLAIMING THROUGH
HIM MAY NOT RECEIVE PROPERTY UNDER THE WILL.

(E) CONTRIBUTION TO PAYMENT OF INTESTATE SHARE OF
SURVIVING SPOUSE.

IF THERE IS AN ELECTION TO TAKE AN INTESTATE SHARE,
CONTRIBUTION TO THE PAYMENT OF IT SHALL BE PRORATED AMONG
ALL LEGATEES. INSTEAD OF CONTRIBUTING AN INTEREST IN
SPECIFIC PROPERTY TO THE INTESTATE SHARE, A LEGATEE MAY
PAY THE SURVIVING SPOUSE IN CASH, OR OTHER PROPERTY

 

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Session Laws, 1974
Volume 713, Page 56   View pdf image
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