Estate of Galluzzo

ROBERTS, Justice.

Eva Judit Polyak appeals and the personal representatives of the Estate of Joseph P. Galluzzo cross-appeal from an order of the York County Probate Court (Brooks, J.) denying Polyak’s petition for an elective share. Because the court erred in holding that it lacked the ability to order payment of the elective share in this case, we vacate the judgment and remand with instruction to enter a judgment granting Polyak’s petition.

I

Eva Polyak and the decedent, Joseph P. Galluzzo, were married in Biddeford on May 14, 1988, and thereafter resided at the decedent’s Sanford home. On…