2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › 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

§2-203. Composition of the augmented estate; marital-property portion
1.  Value of augmented estate.
Subject to section 2‑208, the value of the augmented estate, to the extent provided in sections 2‑204, 2‑205, 2‑206 and 2‑207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute:
A. The decedent's net probate estate;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The decedent's nonprobate transfers to others;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. The decedent's nonprobate transfers to the surviving spouse; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. The surviving spouse's property and nonprobate transfers to others.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Value of marital-property portion.
The value of the marital-property portion of the augmented estate consists of the sum of the values of the 4 components of the augmented estate as determined under subsection 1 multiplied by a percentage as follows.
If the decedent and the spouse were married to each other:
A. Less than one year, the percentage is 3%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. One year but less than 2 years, the percentage is 6%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Two years but less than 3 years, the percentage is 12%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. Three years but less than 4 years, the percentage is 18%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
E. Four years but less than 5 years, the percentage is 24%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
F. Five years but less than 6 years, the percentage is 30%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
G. Six years but less than 7 years, the percentage is 36%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
H. Seven years but less than 8 years, the percentage is 42%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
I. Eight years but less than 9 years, the percentage is 48%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
J. Nine years but less than 10 years, the percentage is 54%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
K. Ten years but less than 11 years, the percentage is 60%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
L. Eleven years but less than 12 years, the percentage is 68%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
M. Twelve years but less than 13 years, the percentage is 76%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
N. Thirteen years but less than 14 years, the percentage is 84%;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
O. Fourteen years but less than 15 years, the percentage is 92%; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
P. Fifteen years or more, the percentage is 100%.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[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).