18-A §2-203. Right of election personal to surviving spouse - Maine Statutes

Title 18-A: PROBATE CODE

Article 2: INTESTATE SUCCESSION AND WILLS

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).