reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  3-409 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 3 - Intestate Succession and Statutory Shares|Subtitle 4 - Elective Share of Surviving Spouse|Section 3-409 - Calculation of Elective Share

    (a)    On receipt of a written request by the surviving spouse, all information necessary to calculate the elective share under this subtitle shall be delivered to the surviving spouse by, as applicable:        (1)    The personal representative of the decedent;        (2)    The trustee of any revocable trust of the decedent; or        (3)    The person responsible for filing the estate tax return.    (b)    (1)    The filing of an election to take the elective share under § 3–407 of this subtitle is deemed to give adequate notice of the election to, as applicable:            (i)    The personal representative of the decedent;            (ii)    The trustee of any revocable trust of the decedent; or            (iii)    The person responsible for filing the estate tax return.        (2)    The person receiving notice of an election to take the elective share under paragraph (1) of this subsection shall promptly deliver notice of the election to each person from whom any portion of the elective share may be payable.    (c)    Within 60 days after the date a trustee of a revocable trust of the decedent acquires knowledge of the decedent’s death, the trustee shall notify the surviving spouse of the existence of the trust, of the identity of the trustees, and of the surviving spouse’s right to request a copy of the trust instrument.    (d)    On receipt of a written request by the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the surviving spouse shall deliver to the person making the request all information relevant to the calculation of the elective share under this subtitle that is in the possession of the surviving spouse and not otherwise available to the person making the request.
MD. Estates and Trusts Code Ann. §  3-411 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 3 - Intestate Succession and Statutory Shares|Subtitle 4 - Elective Share of Surviving Spouse|Section 3-411 - Treatment of Property or Other Benefits Upon Election

    (a)    On the election of the surviving spouse to take an elective share under this subtitle, all property or other benefits that would have passed to the surviving spouse under the will, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died before the execution of the will.    (b)    The surviving spouse and a person claiming through the surviving spouse may not receive property under the will, other than property forming any portion of the spousal benefits.
MD. Estates and Trusts Code Ann. §  3-412 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 3 - Intestate Succession and Statutory Shares|Subtitle 4 - Elective Share of Surviving Spouse|Section 3-412 - Statement of Payment of Elective Share

    (a)    (1)    On the final payment of an elective share, the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, as appropriate, shall file with the register for the county in which the election under § 3–403 of this subtitle is filed a signed statement, which has been verified by the surviving spouse, stating the value of the elective share and that the elective share has been paid in full.        (2)    On the request of the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the register shall redact from the statement filed in accordance with paragraph (1) of this subsection the value of the elective share.    (b)    (1)    On the request of the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, the person responsible for filing the estate tax return, any payor of any portion of the elective share, or any other person having an interest in the assets from which the elective share has been paid, the register shall certify in writing the accuracy of the calculation and payment of the elective share.        (2)    If a certification is requested under this subsection, the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, the person responsible for filing the estate tax return, and any payor of any portion of the elective share shall deliver to the register any information and documentation that the register may deem necessary to verify the accurate calculation of the elective share and the payment of the elective share in full.        (3)    The register may not disclose any information or documentation submitted to the register in accordance with paragraph (2) of this subsection.
MD. Estates and Trusts Code Ann. §  3-413 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 3 - Intestate Succession and Statutory Shares|Subtitle 4 - Elective Share of Surviving Spouse|Section 3-413 - Actions by Court in Action Arising Under Subtitle

    In an action arising under this subtitle, a court may:        (1)    On a showing of clear and convincing evidence, modify:            (i)    The calculation of the value of an augmented estate;            (ii)    The calculation of the value of an estate subject to election;            (iii)    The calculation of the value of spousal benefits; or            (iv)    The sources of payment of an elective share;        (2)    Consider the circumstances of any transfer or arrangement, including:            (i)    The extent of control retained by the decedent;            (ii)    The motivation for the transfer or arrangement;            (iii)    The familial relationship between the decedent and the beneficiary of the transfer or arrangement;            (iv)    The degree, if any, to which the transfer or arrangement deprives the surviving spouse of property that otherwise might form part of the value of the augmented estate, estate subject to election, or spousal benefits;            (v)    The degree, if any, to which the transfer or arrangement provides a benefit to the surviving spouse beyond what would be available to the surviving spouse as part of the elective share;            (vi)    The length and nature of the relationship between the decedent and the surviving spouse;            (vii)    The nature and value of the surviving spouse’s assets; and            (viii)    The relationship of the beneficiary of the transfer or arrangement to any previous owner of the property subject to the transfer or arrangement;        (3)    Award reasonable attorney’s fees;        (4)    Pass orders requiring the holder or recipient of any portion of an augmented estate, an estate subject to election, or spousal benefits to provide any information that the court considers necessary to determine the value or sources of payment of an elective share; and        (5)    Transmit issues of fact relating to the value or sources of payment of an elective share to the circuit court of the county in which the election under § 3–403 of this subtitle is filed.
MD. Estates and Trusts Code Ann. §  4-101 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 1 - Execution, Revocation, and Revival|Section 4-101 - Definitions

    Any person may make a will if the person is 18 years of age or older, and legally competent to make a will.
MD. Estates and Trusts Code Ann. §  4-102 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 1 - Execution, Revocation, and Revival|Section 4-102 - Writing; Signature; Attestation

    (a)    Except as provided in §§ 4–103 and 4–104 of this subtitle, every will shall be:        (1)    In writing;        (2)    Signed by the testator, or by some other person for the testator, in the testator’s presence and by the testator’s express direction; and        (3)    Attested and signed by two or more credible witnesses in the presence of the testator.    (b)    For purposes of this section, a witness is not in the presence of the testator if the witness is in a different physical location than the testator regardless of whether the testator can observe the witness through electronic audio–video or other technological means.
MD. Estates and Trusts Code Ann. §  4-103 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 1 - Execution, Revocation, and Revival|Section 4-103 - Holographic Will

    (a)    A will entirely in the handwriting of a testator who is serving in the armed services of the United States is a valid holographic will if signed by the testator outside of a state of the United States, the District of Columbia, or a territory of the United States even if there are no attesting witnesses.    (b)    A holographic will is void one year after the discharge of the testator from the armed services unless the testator has died prior to expiration of the year or does not then possess testamentary capacity.
MD. Estates and Trusts Code Ann. §  4-104 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 1 - Execution, Revocation, and Revival|Section 4-104 - Will Made Outside Maryland

    A will executed outside this State is properly executed if it is:        (1)    In writing;        (2)    Signed by the testator; and        (3)    Executed in conformity with:            (i)    The provisions of § 4–102 of this subtitle;            (ii)    The law of the domicile of the testator; or            (iii)    The law of the place where the testator is physically located at the time the testator signs the will.
MD. Estates and Trusts Code Ann. §  4-105 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 1 - Execution, Revocation, and Revival|Section 4-105 - Revocation of Will

    (a)    Except as provided in subsection (b) of this section, a will, or any part of it, may not be revoked in any manner.    (b)    A will may be revoked under the following circumstances:        (1)    By provision in a subsequent, validly executed will that:            (i)    Revokes any prior will or part of it either expressly or by necessary implication; or            (ii)    Expressly republishes an earlier will that had been revoked by an intermediate will but is still in existence;        (2)    By burning, cancelling, tearing, or obliterating the will, by the testator, or by some other person in the testator’s presence and by the testator’s express direction and consent;        (3)    By subsequent marriage of the testator followed by the birth, adoption, or legitimation of a child by the testator provided the child or the child’s descendant survives the testator; and all wills executed before the marriage shall be revoked; or        (4)    By an absolute divorce of a testator and the testator’s spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator’s will; and all provisions in the will relating to the spouse, and only those provisions, shall be revoked unless otherwise provided in the will or decree.
MD. Estates and Trusts Code Ann. §  4-106 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 1 - Execution, Revocation, and Revival|Section 4-106 - Revival of Will

    If a testator makes a subsequent will intended to revoke a prior will, the destruction or other revocation of the subsequent will does not revive the prior will unless the will is still in existence and is republished with the same formalities as are required for the execution of a will in this subtitle.
MD. Estates and Trusts Code Ann. §  4-107 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 1 - Execution, Revocation, and Revival|Section 4-107 - Incorporation by Reference

    The terms of any writing which is in existence when a will or trust instrument is executed, including but not limited to a statement of administrative provisions and fiduciary powers recorded in a record office of this State, may be incorporated into the will or trust instrument by reference to it to the extent the language of the will or trust instrument manifests an intent to do so and describes the writing sufficiently to permit its identification. Nothing in this section shall be construed as casting doubt upon the validity of incorporation by reference made prior to the adoption of this section.
MD. Estates and Trusts Code Ann. §  4-201 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 2 - Custodianship, Deposit, and Disposal of Wills|Section 4-201 - Duty to Maintain Custody of Will

    (a)    (1)    A will may be deposited by the testator, or by the testator’s agent, for safekeeping with the register of the county where the testator resides.        (2)    The register shall give a receipt for the will, on the payment of the required fee.    (b)    (1)    The will shall be enclosed in a sealed wrapper, which shall have endorsed on it “Will of,” followed by:            (i)    The name of the testator;            (ii)    The testator’s address; and            (iii)    The testator’s Social Security number, if available.        (2)    The register shall endorse on the will:            (i)    The date it was received; and            (ii)    The name of the person from whom it was received.        (3)    The will is not to be delivered or opened except as provided in this subtitle.    (c)    During the lifetime of the testator a deposited will may be delivered only to the testator, or to a person authorized by the testator in writing to receive it.    (d)    After being informed of the death of the testator, the register shall:        (1)    Open the will;        (2)    Notify the personal representative named in the will, and any other person the register considers appropriate, that the will is on deposit with the register;        (3)    Retain the will as a deposited will until it is offered for probate; and        (4)    Keep a photographic copy of a will transmitted elsewhere for probate.
MD. Estates and Trusts Code Ann. §  4-202 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 2 - Custodianship, Deposit, and Disposal of Wills|Section 4-202 - Deposit of Will in Lifetime of Testator

    (a)    After the death of a testator, a person having custody of the testator’s will shall deliver the instrument to the register for the county in which administration should be had pursuant to § 5–103 of this article.    (b)    The custodian may inform an interested person of the contents of the will.    (c)    A custodian who willfully fails or refuses to deliver a will to the register after being informed of the death of the testator is liable to a person aggrieved for the damages sustained by reason of the failure or refusal.
MD. Estates and Trusts Code Ann. §  4-203 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 2 - Custodianship, Deposit, and Disposal of Wills|Section 4-203 - Duty of Custodian of Will Upon Death of Testator

    The robbery or larceny of a will shall be punished in the same manner as the robbery or larceny of goods and chattels.
MD. Estates and Trusts Code Ann. §  4-301 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 3 - Legatees|Section 4-301 - Who May Be a Legatee

    Any individual, firm, trust, partnership, unincorporated association, corporation, or a governmental body may be a legatee.
MD. Estates and Trusts Code Ann. §  4-401 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-401 - Legatee Failing to Survive Testator by 30 Days

    A legatee, other than the testator’s spouse, who fails to survive the testator by 30 full days is considered to have predeceased the testator, unless the will of the testator:        (1)    Expressly creates a presumption that the legatee is considered to survive the testator; or        (2)    Requires that the legatee survives the testator for a stated period in order to take under the will and the legatee survives for the stated period.
MD. Estates and Trusts Code Ann. §  4-402 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-402 - Presumption That Will Passes All Property

    There is a presumption that a will passes all property the testator owns at the time of the testator’s death, including property acquired after the execution of the will.
MD. Estates and Trusts Code Ann. §  4-403 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-403 - Lapse

    (a)    Unless a contrary intent is expressly indicated in the will, a legacy may not lapse or fail because of the death of a legatee after the execution of the will but prior to the death of the testator if the legatee is:        (1)    Actually and specifically named as legatee;        (2)    Described or in any manner referred to, designated, or identified as legatee in the will; or        (3)    A member of a class in whose favor a legacy is made.    (b)    A legacy described in subsection (a) of this section shall have the same effect and operation in law to direct the distribution of the property directly from the estate of the person who owned the property to those persons who would have taken the property if the legatee had died, testate or intestate, owning the property.    (c)    Creditors of the deceased legatee shall have no interest in the property, whether the claim is based on contract, tort, tax obligations, or any other item.
MD. Estates and Trusts Code Ann. §  4-404 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-404 - Void or Inoperative Legacies

    (a)    Unless a contrary intent is expressly indicated in the will, property failing to pass under a void or inoperative legacy, and which is not provided for in § 4–403 of this subtitle, shall be distributed as part of the estate of the testator to those persons, including legatees, who would have taken the property if the void or inoperative legacy had not existed.    (b)    Where a legacy to one of two or more residuary legatees is void or inoperative, the other residuary legacies shall be augmented proportionately by the property which is the subject of the legacy.
MD. Estates and Trusts Code Ann. §  4-405 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-405 - Change in Securities

    Unless a contrary intent is expressly indicated in the will, a specific legacy includes additional or substituted securities if:         (1)    Securities are the subject of a specific legacy;        (2)    After the execution of the will other securities of the same or another entity are distributed to the testator because of the testator’s ownership of the original securities, whether as a result of a partial liquidation, stock dividend, stock split, merger, consolidation, reorganization, recapitalization, redemption, exchange, or other transaction; and        (3)    The securities are part of the estate of the testator at the time of the testator’s death.
MD. Estates and Trusts Code Ann. §  4-406 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-406 - Exoneration

    (a)    Unless a contrary intent is expressly indicated in the will, a legacy of specific property shall pass subject to a security interest, lien, or renewal, extension, or refinancing of a security interest or lien on the property that existed at the time of execution of the will.    (b)    If a security interest or lien is created or attaches initially after the execution of the will, the legatee is entitled to exoneration.
MD. Estates and Trusts Code Ann. §  4-407 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-407 - Exercise of Power of Appointment

    Subject to the terms of the instrument creating the power, a residuary clause in a will exercises a power of appointment held by the testator only if:         (1)    An intent to exercise the power is expressly indicated in the will; or        (2)    The instrument creating the power of appointment fails to provide for disposition of the subject matter of the power upon its nonexercise.
MD. Estates and Trusts Code Ann. §  4-408 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-408 - Will Passes Entire Interest of Testator

    Unless a contrary intent is expressly indicated in the will, a legacy passes to the legatee the entire interest of the testator in the property which is the subject of the legacy.
MD. Estates and Trusts Code Ann. §  4-409 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-409 - Legacy for Charitable Use

    A legacy for charitable use may not be void because of an uncertainty with respect to the donees:        (1)    If the will making the legacy also contains directions for the formation of a corporation to take the legacy; and        (2)    (i)    If the legacy is immediate and not subject to a life estate, a corporation is formed in accordance with the directions, capable and willing to receive and administer the legacy, within 12 months from the probate of the will; or            (ii)    If the legacy is subject to a life estate, a corporation shall be formed at a time between probate of the will and the end of 12 months following the expiration of a life estate or life estates.
MD. Estates and Trusts Code Ann. §  4-410 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 4 - Wills|Subtitle 4 - Rules Relating to Legacies|Section 4-410 - "Die Without Issue" and Similar Phrases

    Unless a contrary intent is expressly indicated in the will, in a legacy the following words mean a lack or a failure of issue in the lifetime, or at the time of the death of the person, and not an indefinite failure of the person’s issue:         (1)    “Die without issue”;        (2)    “Die without leaving issue”; or        (3)    Other words which may imply either a lack or a failure of issue of a person in the person’s lifetime, or at the time of the person’s death, or an indefinite failure of the person’s issue.