reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  8-106 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-106 - Funeral Expenses

    (a)    In this section, “funeral expenses” includes the costs of a funeral, a burial, a cremation, a disposition of the decedent’s remains, a memorial, a memorial service, food and beverages related to bringing together the decedent’s family and friends for a wake or prefuneral or postfuneral gathering or meal, and any other reasonable expenses authorized by the decedent’s will.    (b)    Subject to the priorities contained in § 8–105 of this subtitle, the personal representative shall pay the funeral expenses of the decedent within six months of the first appointment of a personal representative.    (c)    (1)    Funeral expenses shall be allowed in the discretion of the court according to the condition and circumstances of the decedent.        (2)    In no event may the allowance exceed $15,000 unless the estate of the decedent is solvent and a special order of court has been obtained.        (3)    An allowance by the court is not required if the estate is solvent and:            (i)    The will expressly empowers the personal representative to pay the expenses without an order of court; or            (ii)    The estate is under modified administration and the personal representative includes the expenses on the final report required under § 5–707 of this article.    (d)    (1)    If the funeral expenses are not paid within 6 months, the creditor may petition the court to require the personal representative to show cause why the personal representative should not be compelled to make the payment.        (2)    If the court finds that the claim is valid, it shall fix the amount due and shall order the personal representative to make payment within 10 days after the order is served on the personal representative.        (3)    If the personal representative does not have sufficient funds, the claimant may at a later date resubmit the personal representative’s petition when the personal representative has sufficient funds.
MD. Estates and Trusts Code Ann. §  8-107 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-107 - Allowance of Claim

    (a)    If a personal representative intends to disallow, in whole or in part, a claim that has been presented within the appropriate time and in the form prescribed in § 8–104(b) or (c) of this subtitle, the personal representative shall mail notice to each claimant stating:        (1)    That the claim has been disallowed in whole or in a stated amount; or        (2)    That the personal representative will petition the court to determine whether the claim should be allowed.    (b)    (1)    If the claim is disallowed in whole or in a stated amount, the claimant is forever barred to the extent of the disallowance unless the claimant files a petition for allowance in the court or commences an action against the personal representative or against one or more of the persons to whom property has been distributed.        (2)    The action shall be commenced within 60 days after the mailing of notice by the personal representative.        (3)    The notice shall warn the claimant concerning the time limitation.    (c)    (1)    If no action is taken by the personal representative disallowing a claim in whole or in part under subsection (a) of this section, on the petition of the personal representative or a claimant, the court shall allow or disallow in whole or in part a claim or claims presented to the personal representative or filed with the register in due time and not barred by subsection (a) of this section.        (2)    Notice in this proceeding shall be given to the claimant, the personal representative, and interested persons as the court directs by order entered at the time the proceeding is commenced.    (d)    A judgment in an action against a personal representative to enforce a claim against the estate of a decedent is an allowance of the claim.
MD. Estates and Trusts Code Ann. §  8-108 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-108 - Payment of Claim

    (a)    (1)    On the expiration of 6 months from the date of the decedent’s death, the personal representative shall pay the claims allowed against the estate in the order of priority prescribed in § 8–105 of this subtitle.        (2)    The court may extend the time for payment for good cause shown.        (3)    A person with a valid unbarred claim or with a valid unbarred judgment who has not been paid may petition the court for an order directing the personal representative to pay the claim to the extent that funds of the estate are available for payment.    (b)    The personal representative may pay, at any time, a just claim that has not been barred, with or without formal presentation, but the personal representative is personally liable to another claimant whose claim is allowed and who is injured by the payment if:        (1)    The payment was made before the expiration of the time limit stated in subsection (a) of this section and the personal representative failed to require the payee to give adequate security to refund any part of the payment necessary to pay other claimants; or        (2)    The payment was made in a manner to deprive the injured claimant of the claimant’s priority as a result of negligence or willful fault of the personal representative.
MD. Estates and Trusts Code Ann. §  8-109 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-109 - Liability of Personal Representative

    (a)    The individual liability of a personal representative to third parties arising from the administration of the estate is that of an agent for a disclosed principal, as distinguished from the personal representative’s fiduciary accountability to the estate.    (b)    A personal representative is not individually liable on contracts properly entered into in the personal representative’s fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be.    (c)    A personal representative is not individually liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault.    (d)    Claims based on contracts, obligations, and torts of the types described in subsections (b) and (c) of this section may be allowed against the estate whether or not the personal representative is individually liable.    (e)    The individual liability of the personal representative to third parties arising from the administration of the estate may be determined in the same proceeding in which a claim by the third party against the estate is considered.    (f)    If there is doubt whether a claim should be allowed against the estate or against the personal representative as an individual, or both, a court in which a proceeding to enforce the claim is pending shall direct that notice be given to all interested persons and all creditors whose interests will be affected by the result and shall give them an opportunity to be heard.    (g)    When the court allows a claim against the personal representative individually, the allowance has the same effect as a judgment against the personal representative.    (h)    (1)    A personal representative may appoint a meeting of creditors whose claims have been filed under the provisions of § 8–104(b) or (c) of this subtitle on a day designated by order of the court.        (2)    Written notice of the time, date, place, and purpose of the meeting shall be given at least 10 days before the date of the meeting.        (3)    The approval of part or all of the claims of creditors represented at the meeting shall be made under the direction and control of the court, and the payment of a claim as approved by court order shall protect and indemnify the personal representative acting in obedience to it.        (4)    A court order issued under paragraph (3) of this subsection is subject to appeal.    (i)    An action may not be brought to charge a personal representative on any special promise to answer damages out of the personal representative’s own estate, unless the contract or agreement on which the action is brought, or some memorandum or note of it, is in writing and signed by the party to be charged, or some other person lawfully authorized by the personal representative.
MD. Estates and Trusts Code Ann. §  8-110 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-110 - Claim Not Yet Due

    (a)    On proof of an unsecured claim that will become due at some future time, and that has not been compromised pursuant to § 7–401 of this article or authority conferred by the will, the court shall direct the investment of an amount that will provide for the payment of the claim when it becomes due.    (b)    When a creditor holds a security for an allowable claim due at some future time the creditor may rely on the creditor’s rights under § 8–111 of this subtitle or may file a claim as an unsecured claim not yet due, with the right of withdrawing the claim before the taking of action on it, and rely on the creditor’s rights as provided in § 8–111 of this subtitle after the withdrawal.
MD. Estates and Trusts Code Ann. §  8-111 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-111 - Secured Claim

    (a)    (1)    Payment of a secured claim shall be on the basis of the full amount if the creditor shall surrender the creditor’s security.        (2)    If payment is not made on the basis described in paragraph (1) of this subsection, it shall be made as provided in subsection (b) or (c) of this section.    (b)    If during administration, the creditor exhausts the security before receiving payment, the creditor is entitled to the full amount of the creditor’s allowed claim less the amount realized on exhausting the security.    (c)    If the creditor has not then exhausted, or does not have the right to exhaust the creditor’s security, the creditor is entitled to the full amount of the creditor’s allowed claim less the value of the security determined by agreement, or as the court determines.
MD. Estates and Trusts Code Ann. §  8-112 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-112 - Contingent Claim

    (a)    (1)    If a contingent claim becomes absolute before the distribution of the estate, the contingent claim shall be paid in the same manner as absolute claims of the same class.        (2)    In other cases, if a petition is filed with the court by the personal representative or the claimant, the court may provide for payment in the manner provided in subsections (b), (c), (d), or (e) of this section.    (b)    The creditor and personal representative may determine, by agreement, arbitration, or compromise, the value of the claim according to its probable present worth, and, on approval by the court, the value of the claim may be allowed and paid in the same manner as an absolute claim.    (c)    The court may order the personal representative to make distribution of the estate except for sufficient funds retained to pay the claim if and when it becomes absolute.    (d)    (1)    The court may order distribution of the estate as though the contingent claim did not exist, but the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim becomes absolute.        (2)    The court may require the distributees to give bond for the satisfaction of their liability to the contingent creditor.    (e)    The court may order another method.
MD. Estates and Trusts Code Ann. §  8-113 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-113 - Counterclaim

    In allowing a claim the personal representative may deduct a counterclaim which the estate has against the claimant.
MD. Estates and Trusts Code Ann. §  8-114 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-114 - Execution and Levy Prohibited

    (a)    An execution or a levy may not issue nor be made against property of the estate under a judgment against a decedent or a personal representative.    (b)    The provisions of this section do not apply to the enforcement of mortgages, pledges, liens, or other security interests on property in an appropriate proceeding.
MD. Estates and Trusts Code Ann. §  8-115 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 8 - Claims of Creditors|Subtitle 1 - General|Section 8-115 - Exemption of Proceeds of Life Insurance and Other Benefits

    The proceeds of a life insurance policy, annuity contract, or any money payable by a fraternal benefit society are exempt from claims in accordance with the provisions of §§ 8-431 and 16-111 of the Insurance Article.
MD. Estates and Trusts Code Ann. §  9-102 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 9 - Special Provisions Relating to Distribution|Subtitle 1 - General|Section 9-102 - Renunciation by Testamentary Trustee

    (a)    A trustee appointed by will to execute a trust contained in it may decline to accept the appointment by filing a statement of renunciation with the register of the county in which the will is admitted to probate before the trustee receives property or performs an act pursuant to the trust.    (b)    (1)    Unless the will provides otherwise, the trust shall thereafter be administered as if the trustee had not been appointed.        (2)    The renunciation may not be construed to release or impair the right of the person to a legacy under the will by which the person was appointed trustee, unless the legacy is expressly declared in the will to be compensation for the person’s services as trustee.    (c)    Unless the will provides otherwise, in all cases not provided for in this section, a trustee may renounce or resign the trustee’s trust only in accordance with the Maryland Rules.
MD. Estates and Trusts Code Ann. §  9-103 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 9 - Special Provisions Relating to Distribution|Subtitle 1 - General|Section 9-103 - Order in Which Assets Appropriated; Abatement

    (a)    In this section, “legacy” or “legacies” does not include assets passing by the exercise of the decedent of a testamentary power of appointment.    (b)    (1)    Unless a contrary intent is expressed in the will and except as provided in §§ 3–208 and 3–303 of this article and subsection (c) of this section, shares of legatees abate without preference or priority as between real and personal property, in the following order:            (i)    Property not disposed of by the will;            (ii)    Residuary legacies;            (iii)    General legacy, other than items (iv), (v), and (vi) of this paragraph;            (iv)    General legacy to dependents of testator;            (v)    General legacy to creditor of testator in satisfaction of a just debt;            (vi)    General legacy to surviving spouse of testator; and            (vii)    Specific and demonstrative legacies.        (2)    Abatement within each classification is in proportion to the amounts of property each of the legatees or heirs would have received, had full distribution of the property been made in accordance with the terms of the will.    (c)    When the subject matter of a preferred legacy is sold or used as an incident to administration, appropriate adjustments in, or contributions from, other interests in the remaining assets shall be effected.
MD. Estates and Trusts Code Ann. §  9-104 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 9 - Special Provisions Relating to Distribution|Subtitle 1 - General|Section 9-104 - Distribution in Kind

    (a)    Subject to the terms of the will and the needs of administration, the assets of the estate of a decedent shall be distributed in kind to the extent possible through application of the provisions of this section.    (b)    A specific legatee shall receive distribution of the legacy given to the specific legatee.    (c)    A family allowance or that part of an intestate share, statutory share, or legacy that is otherwise payable in cash may be satisfied by value in kind provided:        (1)    The person entitled to the payment has not demanded payment in cash;        (2)    The property distributed in kind is valued at fair market value as of the date of its distribution; and        (3)    A residuary legatee has not requested that the asset in question remain a part of the residue of the estate.    (d)    (1)    When there is no objection to the proposed distribution, or when it is practicable to distribute undivided interests, the residuary estate shall be distributed in kind.        (2)    In other cases, residuary property may be converted into cash for distribution.    (e)    (1)    After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution.        (2)    If not waived in writing, the right of a distributee to object to the proposed distribution terminates if the distributee fails to object in writing received by the personal representative within 30 days after mailing or delivery of the proposal.
MD. Estates and Trusts Code Ann. §  9-105 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 9 - Special Provisions Relating to Distribution|Subtitle 1 - General|Section 9-105 - Execution and Delivery of Evidence of Title

    (a)    When distribution in kind is made, the personal representative shall execute and deliver an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the title of the distributee to the property.    (b)    Costs payable as a condition of the recordation of a deed shall be paid by the estate.    (c)    (1)    In this subsection, “consideration” does not include the amount of any obligation under a mortgage or deed of trust encumbering the transferred property.        (2)    A recordation tax, transfer tax, or any other State or local excise tax may not be imposed on the transfer by a personal representative of property or an interest in property without consideration or on the recordation of an instrument executed by a personal representative that transfers property or an interest in property without consideration.    (d)    In addition to other indexing, any such deed recorded among the land records shall be indexed in the grantor index under the name of the decedent.
MD. Estates and Trusts Code Ann. §  9-106 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 9 - Special Provisions Relating to Distribution|Subtitle 1 - General|Section 9-106 - Effect of Distribution

    (a)    With the exception that the personal representative shall recover the assets or their value if the distribution was improper, title of the distributees who receive from the personal representative an instrument or deed of distribution of assets in kind is conclusive against all persons interested in the estate.    (b)    (1)    Unless the distribution can no longer be questioned because of adjudication or limitations, a distributee of property improperly distributed is liable to return the property received if the distributee has it or its value.        (2)    If a distributee has disposed of property improperly distributed to the distributee, the distributee’s liability is the lower of the value of the property on the date of distribution or the value on the date of disposition.    (c)    (1)    If property distributed in kind is sold to a purchaser for value by a distributee who has received an instrument or deed of distribution from the personal representative, the purchaser takes good title free of claims of the estate and incurs no personal liability to the estate.        (2)    To be protected under paragraph (1) of this subsection, a purchaser need not inquire whether a personal representative acted properly in respect to a distribution in kind.
MD. Estates and Trusts Code Ann. §  9-107 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 9 - Special Provisions Relating to Distribution|Subtitle 1 - General|Section 9-107 - Partition for Purpose of Distribution

    (a)    (1)    When two or more heirs or legatees are entitled to distribution of undivided interests in property of the estate, the personal representative or one or more of the heirs or legatees may petition the court before the formal or informal closing of the estate, to make partition.        (2)    After notice to the interested heirs or legatees, the court shall partition the property in the same manner as provided by law for civil actions of partition.    (b)    The court may direct the personal representative to sell property which cannot be partitioned without prejudice to the owners and cannot conveniently be allotted to one party.
MD. Estates and Trusts Code Ann. §  9-108 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 9 - Special Provisions Relating to Distribution|Subtitle 1 - General|Section 9-108 - Where Legatee Not Found, or Resides Outside United States

    (a)    The personal representative shall pay over or transfer the money or property or its proceeds, as directed by order of court, to the board of education in the county where the letters were granted, and it shall be applied for the use of the public schools in such county, whenever it appears to the satisfaction of the court that:        (1)    The personal representative has been unable to contact an heir or legatee because of the personal representative’s lack of knowledge of the location of the heir or legatee and the court is satisfied that reasonable efforts have been made to locate the heir or legatee;        (2)    An heir or legatee is a nonresident of the United States and would not have the benefit of use or control at its full value of money or other property comprising the heir’s or legatee’s distributive share or legacy; or        (3)    Other special circumstances make it appear desirable that payment or delivery should be withheld because of national or international action affecting such money, property, value, or the full use and enjoyment of it.    (b)    (1)    If, after payment has been made to the board of education, a claim for refund is filed by the heir or legatee, or by the personal representative of the heir or legatee, the claimant is entitled to a refund, without interest, of the sum paid, or the proceeds from the sale of property if not in the form of cash when transferred to the board of education, or the fair market value at the time of transfer if not converted to cash.        (2)    A claim for refund under this subsection may not be filed after the later of:            (i)    3 years after the death of the decedent; or            (ii)    1 year after the time of distribution of the property.