• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Sinclair Prosser Gasior

Annapolis Estate Planning Attorneys

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Call Now: (410) 573-4818

Attend a Free Workshop Trustee School

  • Home
  • About Our Firm
    • About Our Firm
    • Founding Attorneys
    • Meet Our Team
  • Services
    • Annapolis, MD Asset Protection and Business Planning
    • Estate and Gift Tax Figures
    • Annapolis, MD Elder Law & Medicaid Services
    • Annapolis, MD Trust Administration & Probate
    • Family-Owned Businesses & Farms
    • Annapolis, MD Incapacity Planning
    • Annapolis, MD LGBTQ Estate Planning
    • Annapolis, MD Pet Planning
    • SECURE Act
    • Annapolis, MD Special Needs Planning
    • Estate Planning for Young Families
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Definitions
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Power of Attorney
      • Probate Avoidance
      • Trust Administration & Probate
      • Wills
    • Is Your Estate Plan Outdated?
    • Probate Resources
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Trust Administration
      • Estate Planning for Niches
    • Top 10 Estate Planning Techniques
    • Newsletters
  • COMMUNITIES WE SERVE
    • Anne Arundel County
      • Annapolis
      • Crownsville
      • Davidsonville
      • Highland Beach
      • Millersville
    • Baltimore County
    • Calvert County
      • Dunkirk
      • Huntingtown
      • Owings
    • Charles County
      • Charlotte Hall
      • Waldorf
    • District of Columbia
    • Howard County
    • Maryland
      • Clarksville
      • Columbia
      • Ellicott City
    • Prince George County
      • Bowie
      • Fort Washington
      • Glenn Dale
    • Queen Anne’s County
      • Grasonville
      • Queenstown
      • Stevensville
    • St. Mary’s County
      • Charlotte Hall
      • Leonardtown
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
  • Make A Payment
  • Client Portal
Home / Spousal Elective Share Update

Spousal Elective Share Update

July 11, 2019 by Jon J. Gasior, Estate Planning Attorney

“Spousal Elective Share Update” by Attorney Jon Gasior (Audio)

A few weeks ago, we talked about the Maryland Estates and Trust code and the proposed changes to the spousal elective share.

For years, Maryland legislators have been proposing to change how the spousal elective share works. The general idea of the elective share is that a surviving spouse can make a claim against a deceased spouse’s estate. Depending on if there are children or not, that claim could be one-third to one-half of the assets.

The elective share does not come up very frequently, except in the instance when one spouse has disinherited the other. This is an old law that has been on the books for a long time and historically the surviving spouse could only claim against assets that go through the probate process. Assets that go through probate are assets that are solely titled in a decedent’s name. So what that means is that any assets that are jointly titled, have a beneficiary designation, or are titled in trust are not subject to probate and therefore not subject to the spousal elective share.

So, typically then a person who wants to disinherit their spouse has the option to create a trust and remove all of their assets from probate leaving nothing for their surviving spouse to file claim against. Not anymore.

Beginning 10/1/2020, Maryland will adopt a new law often termed the “augmented estate”. What this means is that the spousal elective share will extend beyond the probate estate to include non-probate assets as well. There are many challenges estate planners face and this is the reason why the legislators have given people over a year to figure out exactly how the law works. There are various exceptions, calculations and formulas to figure out exactly what is subject to the elective share claims, but the message is clear that it is no longer a matter of simply creating a trust to shield assets. A tool that may become more useful in estate planning contexts is a pre-nuptial agreement. Often in a pre-nup each spouse will waive their right to the elective share. This could be a good alternative, but will also require consent from both spouses and cannot be done unilaterally. Stay tuned for updates on how this law will be implemented. If you need to discuss how this new law may impact you, contact Sinclair Prosser Gasior today.

  • Author
  • Recent Posts
Jon J. Gasior, Estate Planning Attorney
Jon J. Gasior, Estate Planning Attorney
Attorney/Owner at Sinclair Prosser Gasior
His personal experience with family and the problems that resulted from their failure to create an estate plan resulted in his desire to learn more about this area of the law. From his work in the Elder Law Clinic, he further realized the need to plan not only for death, but also for incapacity during their lifetime.
Jon J. Gasior, Estate Planning Attorney
Latest posts by Jon J. Gasior, Estate Planning Attorney (see all)
  • Helping Your Family Through Estate Planning - September 21, 2022
  • Estate Planning Scams - August 16, 2022
  • What is the Maryland Trust Act? - July 11, 2022

Filed Under: Uncategorized Tagged With: Law Changes

Other Articles You May Find Useful

What Happens with my Car at my Death?
Estate Planning for Your Tangible Property
Annapolis estate planning attorney
What Are the Duties and Responsibility of a Trustee When Administering a Trust?
What Do Executors Need to Know?
What Can Be Purchased with a Special Needs Trust?
Annapolis probate attorney
How Social Media Posts Might Impact a Will Contest

About Jon J. Gasior, Estate Planning Attorney

His personal experience with family and the problems that resulted from their failure to create an estate plan resulted in his desire to learn more about this area of the law. From his work in the Elder Law Clinic, he further realized the need to plan not only for death, but also for incapacity during their lifetime.

Primary Sidebar

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Testimonials

5 Stars
Client Review
September 3, 2020
    

We initiated estate planning following a presentation by Sinclair Prosser Attorney Jon Gasior. We were so impressed, we contracted with them to complete our estate planning. Subsequently, we assembled information on our assets and Sinclair Prosser Gasior did the rest. Correspondence was communicated to our financial institutions and the estate was established. We were very pleased with the courteous manner of the Sinclair Prosser Gasior staff. However, it was their professionalism that made us satisfied we chose this firm to handle our estate. We have nothing but praise for Sinclair Prosser Gasior .

default image
– Walter K.

Blog Subscription

Sign up for our blog to receive all of our latest estate planning news and updates!
  • This field is for validation purposes and should be left unchanged.

ANNAPOLIS

900 Bestgate Road
Suite 103, Annapolis, Maryland 21401
Phone: (410) 573-4818
Fax: (410) 573-2802

BOWIE

4201 Mitchellville Road
Suite 403, Bowie, MD 20716
Phone: (301) 970-8080
Fax: (410) 573-2802

MILLERSVILLE

1520 Jabez Run Rd
Suite 300, Millersville, Maryland 21108
Phone: (410) 573-4818
Fax: (410) 573-2802

WALDORF

Hamilton Centre II
3261 Old Washington Road, Suite 2020 Waldorf, MD 20602
Phone: 800-366-4615

Map

map for office

Footer

footer logo
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

The information on this Maryland Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

© 2023 American Academy of Estate Planning Attorneys| Privacy Policy | Contact Us | Disclaimer | Site Map