§2-206. Decedent's nonprobate transfers to the surviving spouse
Excluding property passing to the surviving spouse under the federal Social Security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1. Joint tenancy. The decedent's fractional interest in property held in joint tenancy with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Co-ownership registration. The decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Other nonprobate transfers. All other property that would have been included in the augmented estate under section 2‑205, subsection 1 or 2 had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent or the decedent's creditors, estate or estate creditors.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 2: INTESTACY, WILLS AND DONATIVE TRANSFERS
Part 2: ELECTIVE SHARE OF SURVIVING SPOUSE
18-C §2-203. Composition of the augmented estate; marital-property portion
18-C §2-204. Decedent's net probate estate
18-C §2-205. Decedent's nonprobate transfers to others
18-C §2-206. Decedent's nonprobate transfers to the surviving spouse
18-C §2-207. Surviving spouse's property and nonprobate transfers to others
18-C §2-208. Exclusions, valuation and overlapping application
18-C §2-209. Sources from which elective share payable
18-C §2-210. Personal liability of recipients
18-C §2-211. Proceeding for elective share; time limit
18-C §2-212. Right of election personal to surviving spouse