LD 1156
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LD 1156 Title Page An Act to Repeal the Elective Share Available to Surviving Spouses under the Pr... Page 2 of 2
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LR 624
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 18-A MRSA Art. II, Pt. 2, as amended, is repealed.

 
Sec. 2. 18-A MRSA §2-602, as enacted by PL 1979, c. 540, §1, is
amended to read:

 
§2-602. Choice of law as to meaning and effect of wills

 
The meaning and legal effect of a disposition in a will shall
must be determined by the local law of a particular state
selected by the testator in his the testator's instrument unless
the application of that law is contrary to the provisions
relating to the elective share described in Part 2, the
provisions relating to exempt property and allowances described
in Part 4 or any other public policy of this State otherwise
applicable to the disposition.

 
Sec. 3. 18-A MRSA §2-802, sub-§(b), as enacted by PL 1979, c. 540, §1,
is amended to read:

 
(b) For purposes of Parts 1, 2, 3 and 4 and of section 3-203,
a surviving spouse does not include:

 
(1) A person who obtains or consents to a final decree or
judgment of divorce from the decedent or an annulment of
their marriage, which decree or judgment is not recognized
as valid in this state State, unless they subsequently
participate in a marriage ceremony purporting to marry each
to the other, or subsequently live together as man and wife;

 
(2) A person who, following a decree or judgment of divorce
or annulment obtained by the decedent, participates in a
marriage ceremony with a 3rd person; or

 
(3) A person who was a party to a valid proceeding
concluded by an order purporting to terminate all marital
property rights.

 
Sec. 4. 18-A MRSA §6-106, as enacted by PL 1979, c. 540, §1, is
amended to read:

 
§6-106. Accounts and transfers nontestamentary

 
Any transfers resulting from the application of section 6-104
are effective by reason of the account contracts involved and
this statute and are not to be considered as testamentary or
subject to Articles I through IV, except as provided in sections
2-201 through 2-207, and except as a consequence of, and to the
extent directed by, section 6-107.


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