Maryland Code, ESTATES AND TRUSTS 3-405
Terms Used In Maryland Code, ESTATES AND TRUSTS 3-405
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) Is personal to the surviving spouse;
(2) Is not transferable; and
(3) Cannot be exercised after the surviving spouse’s death.
(b) Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17-101(c) of this article, the election may be exercised by:
(1) An order of the court having jurisdiction of the person or property of the minor or incapacitated person;
(2) A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or
(3) An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.
(c) (1) Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent shall deliver notice of the election to:
(i) All interested persons in the decedent‘s estate; and
(ii) All persons who would inherit from the surviving spouse under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.
(2) An exercise of a right of election under subsection (b) of this section is valid unless:
(i) Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and
(ii) Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.