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2020 Maryland Statutes
Estates and Trusts
Title 3 - Intestate Succession and Statutory Shares
Subtitle 4 - Elective Share of Surviving Spouse
Section 3-411 - Treatment of Property or Other Benefits Upon Election
Universal Citation:
MD Estates and Trusts Code Ann. § 3-411 (2020)
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This media-neutral citation is based
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necessarily the official citation.
(a) On the election of the surviving spouse to take an elective share under this subtitle, all property or other benefits that would have passed to the surviving spouse under the will, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died before the execution of the will.
(b) The surviving spouse and a person claiming through the surviving spouse may not receive property under the will, other than property forming any portion of the spousal benefits.
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