(a) On the election of the surviving spouse to take an elective share under this subtitle, all property or other benefits that would have passed to the surviving spouse under the will, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died before the execution of the will.
(b) The surviving spouse and a person claiming through the surviving spouse may not receive property under the will, other than property forming any portion of the spousal benefits.
Structure Maryland Statutes
Title 3 - Intestate Succession and Statutory Shares
Subtitle 4 - Elective Share of Surviving Spouse
Section 3-403 - Amount of Elective Share
Section 3-404 - Augmented Estate
Section 3-405 - Right of Election of Surviving Spouse
Section 3-406 - Waiver of Right of Election
Section 3-407 - Timing of Election; Withdrawal
Section 3-408 - Requirements for Making an Election
Section 3-409 - Calculation of Elective Share
Section 3-410 - Payment of Elective Share
Section 3-411 - Treatment of Property or Other Benefits Upon Election
Section 3-412 - Statement of Payment of Elective Share
Section 3-413 - Actions by Court in Action Arising Under Subtitle