2010 Maine Code
TITLE 18-A: PROBATE CODE
Article 2: INTESTATE SUCCESSION AND WILLS
18-A §2-203. Right of election personal to surviving spouse
Part 2: ELECTIVE SHARE OF SURVIVING SPOUSE
§2-203. Right of election personal to surviving spouse
The right of election of the surviving spouse may be exercised only during the lifetime of the surviving spouse by: [2009, c. 571, Pt. UU, §1 (RPR); 2009, c. 571, Pt. UU, §2 (AFF).]
(a). The surviving spouse; or
[ 2009, c. 571, Pt. UU, §1 (NEW); 2009, c. 571, Pt. UU, §2 (AFF) .]
(b). If the surviving spouse is a protected person, by order of the court in which protective proceedings for the surviving spouse are pending, after a finding that exercise is necessary to provide adequate support for the surviving spouse during the probable life expectancy of the surviving spouse. In a proceeding under this subsection, the surviving spouse's present or future eligibility for public assistance does not diminish the need for support.
[ 2009, c. 571, Pt. UU, §1 (NEW); 2009, c. 571, Pt. UU, §2 (AFF) .]
SECTION HISTORY
1979, c. 540, §1 (NEW). 2009, c. 571, Pt. UU, §1 (RPR). 2009, c. 571, Pt. UU, §2 (AFF).
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