Md. Code, Est. & Trusts § 3-205

Current with changes from the 2024 Legislative Session, chs. 2--407, effective on or before 7/1/2024

Section 3-205 - Waiver of rights in decedent's estate

(a) The right of election of a surviving spouse may be waived before or after marriage by a written contract, agreement, or waiver signed by the party waiving the right of election.

(b) Unless it provides to the contrary, a waiver of "all rights" in the property or estate of a present or prospective spouse, or a complete property settlement entered into after or in anticipation of separation or divorce, is:

(1) A waiver of any right to the waiving party's:

(i) Family allowance;

(ii) Elective share by each spouse in the property of the spouse; and

(iii) Right to letters under § 5-104 of this article; and

(2) An irrevocable renunciation of any benefit which would pass to the waiving party from the other by intestate succession, by statutory share, or by virtue of the provisions of a will executed before the waiver or property settlement.

Md. Code, ET § 3-205

Amended by 2019 Md. Laws, Ch. 197,Sec. 1, eff. 10/1/2019.