H.B. 240                                                 VETOES

(II) IF AN APPEAL IS FILED FROM THE FINAL ORDER OF AN
ORPHANS' COURT OR A CIRCUIT COURT REMOVING A PERSONAL REPRESENTATIVE
AND THE COURT APPOINTED A SUCCESSOR PERSONAL REPRESENTATIVE, THE
SUCCESSOR PERSONAL REPRESENTATIVE SHALL HAVE THE POWERS OF A SPECIAL
ADMINISTRATOR.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any appeal filed before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

May 22, 2003

The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis MD 21401

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 240 - Estates - Elective Share.

This bill revises elements of defining and allocating an elective share of a surviving
spouse and alters the period during which an election for an elective share shall be
made.

Senate Bill 312, which was passed by the General Assembly and signed by me,
accomplishes the same purpose. Therefore, it is not necessary for me to sign House
Bill 240.

Sincerely,

Robert L. Ehrlich, Jr.

Governor

House Bill No. 240

AN ACT concerning

Estates - Elective Share

FOR the purpose of providing that the net estate and property allocable to an elective
share of a surviving spouse shall be valued in a certain manner; providing that
an elective share includes certain income earned on the net estate during the
period of administration; providing for an adjustment of an elective share based
on a prior distribution to a surviving spouse; altering the period during which a
surviving spouse may make an election for an elective share under certain
circumstances; altering the persons who may make a payment to a surviving
spouse and the method of valuation of certain property if an interest in specific
property is not contributed to the surviving spouse's elective share; defining a

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