Green v. Nassif

I disagree with but a single holding of the majority opinion: that the value of Nassifs elective share distribution should include a pro rata portion of the income generated by the decedent’s estate during its administration. Section 3-203 of the Estates and Trusts Article, the governing statute, was silent at the time of the decedent’s death in 1993 as to whether an electing spouse was entitled to interest upon distribution of his or her elective share. The principles of statutory interpretation demonstrate forcibly to me that the surviving spouse’s elective share at the time of decedent’s…