Public Laws

124th Legislature

Second Regular Session


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Chapter 571

H.P. 1183 - L.D. 1671

PART UU

Sec. UU-1. 18-A MRSA §2-203,  as enacted by PL 1979, c. 540, §1, is repealed and the following enacted in its place:

§ 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:

(a)   The surviving spouse; or
(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.

Sec. UU-2. Application. That section of the Part that repeals and replaces the Maine Revised Statutes, Title 18A, section 2203 applies to a surviving spouse who has the right to exercise the elective share under Title 18A, Part 2 on or after the effective date of this Part.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333