Green v. Nassif

The decedent in this case died in 1993, leaving an estate of more than $28 million to his wife, Helen Nassif, and his two children. Instead of receiving her bequest in the will, Nassif elected to take a statutory share of the estate. The personal representative, Carlton Green, the decedent's son, litigated a number of issues against Nassif. Green filed a complaint for declaratory judgment in the circuit court before distributing Nassif's elective share. The court ruled in his favor. The court of special appeals reversed. The Court of Appeals affirmed in part, reversed in part, and vacated in part, holding, inter alia, that (1) "enforceable claims," as used in Md. Code Ann. Est. & Trusts 1-101(n), means claims that in fact reduce the assets in the estate or are allowed by the court; (2) assets in a spouse's elective share are valued, when paid in kind by legatees, as of the date of distribution, and when paid in cash as of the date of the spouse's election to take a statutory share; and (3) ordinarily, and under the circumstances here, legatees cannot exercise the option to pay a spouse's elective share in cash thirteen years after the decedent's death. View "Green v. Nassif" on Justia Law