Right of election personal to surviving spouse

1. Law
2. Maryland Code
3. Estates and Trusts
4. Intestate Succession and Statutory Shares
5. Family Allowance and Statutory Share of Surviving Spouse
6. Right of election personal to surviving spouse

    ** IN EFFECT UNTIL OCTOBER 1, 2020 PER CHAPTER 435 OF 2019**

    (a)    The right of election of the surviving spouse:

        (1)    Is personal to the surviving spouse;

        (2)    Is not transferable; and

        (3)    Cannot be exercised subsequent to the death of the surviving spouse.

    (b)    If the surviving spouse is under 18 years of age or under disability, the election may be exercised by order of the court having jurisdiction of the person or property of the spouse or person under disability.

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