Carlton M. Green, Pers.Rep. of the Estate of Walter L. Green et al. v. Helen Nassif

CoA No. 57, September Term, 2011. Reported. Opinion by Adkins, J. Filed April 20, 2012. RecordFax #12-0420-20, 46 pages.

Estates and trusts: elective shares: enforceable claims

“Enforceable claims” are those that in fact reduce the assets in the estate or are allowed by the court. Assets in a spouse’s elective share are valued, when paid in kind by legatees, as of the date of distribution; and, when paid in cash, as of the date of the spouse’s election to take a statutory share. Elective spouses also share in income on assets in the net estate. The legatees cannot opt to pay the elective share 13 years after the decedent’s death.

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