Legal Opinion

Downes v. Downes

Court of Appeals of Maryland

Decided August 15, 2005No. 112, September Term, 2004PublishedCited by 35 opinions

1Opinion of the Court

*565WILNER, J.

Maryland Code, § 3-203 of the Estates and Trusts Article (ET), permits the surviving spouse of a decedent to take a certain share of the decedent’s net Estate — one-half or one-third, depending on whether there is surviving issue — in lieu of property left to the spouse by the decedent’s Will. ET § 3-206 and Maryland Rule 6-411 set a time deadline on the making of that election, however. The deadline relevant to this case was seven months after the date of the first appointment of a personal representative under the Will. It has since been changed to the later of nine months after…

2Cases cited20 opinions

  1. First Federated Commodity Trust Corp. v. Commissioner of SecuritiesCourt of Appeals of Maryland · 1974
  2. Board of License Commissioners v. Corridor Wine, Inc.Court of Appeals of Maryland · 2000
  3. Simpson v. MooreCourt of Appeals of Maryland · 1991
  4. Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
  5. Montgomery County Board of Education v. Horace Mann InsuranceCourt of Appeals of Maryland · 2004

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3Cited by35 opinions

  1. Cosby v. Department of Human ResourcesCourt of Appeals of Maryland · 2012
  2. Halici v. City of GaithersburgCourt of Special Appeals of Maryland · 2008
  3. Wash. Gas Light Co. v. Md. Pub. Serv. Comm'nCourt of Appeals of Maryland · 2018
  4. Kent Island, LLC v. DiNapoliCourt of Appeals of Maryland · 2013
  5. Shealer v. StrakaCourt of Appeals of Maryland · 2018

30 more not listed; retrieve them via the Exa API.

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