reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  10-104 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 10 - Closing Estates|Subtitle 1 - General|Section 10-104 - Subsequent Administration

    (a)    Except as provided in subsection (c) of this section, if property is discovered after an estate has been closed and the appointment of the personal representative has been terminated under § 10–101 of this subtitle, the court, on petition of an interested person and on any notice as the court may direct, may appoint the same or a successor personal representative and make other appropriate orders.    (b)    Further proceedings shall be conducted in accordance with the provisions of the estates of decedents law as may be applicable, but no claim previously barred may be asserted in the reopened administration.    (c)    (1)    Subject to paragraph (2) of this subsection, if a check payable to a decedent or the estate of a decedent for a sum not exceeding $1,000 is discovered after an estate is closed and the appointment of the personal representative has terminated under § 10–101 of this subtitle, on a verified petition made by an interested person, the court may enter an order authorizing the interested person to indorse and deposit the check into the interested person’s bank account for the limited purpose of distributing the funds in accordance with the will or, if the decedent died intestate, in accordance with Title 3, Subtitle 1 of this article.        (2)    (i)    Unless requested by an interested person, the court may enter an order under paragraph (1) of this subsection without a hearing.            (ii)    The court may not enter an order under paragraph (1) of this subsection if:                1.    The estate of the decedent was insolvent when it was closed;                2.    The check discovered after the estate was closed increases the value of the estate above the value that qualifies under § 5–601 of this article for administration as a small estate; or                3.    Any additional fees and inheritance taxes due as a result of the discovered check are not paid with the petition.            (iii)    The distribution of funds by an interested person under paragraph (1) of this subsection must be made within 60 days after the court’s order authorizing the distribution.
MD. Estates and Trusts Code Ann. §  10-105 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 10 - Closing Estates|Subtitle 1 - General|Section 10-105 - Confirmatory Acts

    Nothing in this subtitle affects the authority of a personal representative to perform ministerial or confirmatory acts after an estate is closed or the appointment of the personal representative is terminated.
MD. Estates and Trusts Code Ann. §  11-101 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-101 - Indestructibility of Contingent Remainders

    (a)    Any contingent remainder arising under any will or inter vivos transfer shall be capable of taking effect, regardless of the determination of any preceding estate of freehold, in the same manner and in all respects as if the determination had not happened.    (b)    It is not necessary to appoint trustees to support the contingent remainder in order to prevent the destruction of it.
MD. Estates and Trusts Code Ann. §  11-103 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-103 - Rule Against Perpetuities -- Limitations on Application

    (a)    (1)    In applying the rule against perpetuities to an interest limited to take effect at or after the termination of one or more life estates in, or lives of, persons in being when the period of the rule commences to run, the validity of the interest shall be determined on the basis of facts existing at the termination of one or more life estates or lives.        (2)    In this section an interest which must terminate not later than the death of one or more persons is a “life estate” even though it may terminate at an earlier date.    (b)    If an interest would violate the rule against perpetuities as modified by subsection (a) of this section because the interest is contingent upon any person attaining or failing to attain an age in excess of 21, the age contingency shall be reduced to 21 as to all persons subject to the same age contingency.    (c)    This section shall apply to both legal and equitable interests.
MD. Estates and Trusts Code Ann. §  11-104 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-104 - Rule in Shelley's Case Abolished

    Whenever by any form of words in any will or inter vivos conveyance, a remainder is limited, mediately or immediately, to the heirs or heirs of the body of a person to whom a life estate in the same subject matter is given, the persons who on the termination of the life estate are then the heirs or heirs of the body of the tenant for life, take as purchasers by virtue of the contingent remainder limited to them.
MD. Estates and Trusts Code Ann. §  11-105 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-105 - Death Benefits Payable to Trusts

    (a)    As used in this section, the words “death benefits” mean death benefits of any kind, including, but not limited to, proceeds of life insurance policies and payments under an employees’ trust or contract purchased by a trust forming part of a pension, stock bonus, or profit–sharing plan, or under a retirement annuity contract.    (b)    (1)    Death benefits may be made payable to the trustee under a trust agreement, or declaration of trust in existence at the time of the death of the insured, employee, or annuitant.        (2)    The death benefits shall be held and disposed of by the trustee in accordance with the terms of the trust as they appear in writing on the date of the death of the insured, employee, or annuitant.        (3)    It is not necessary to the validity of a trust agreement or declaration of trust, whether revocable or irrevocable, that it have a trust corpus other than the right of the trustee to receive death benefits.    (c)    (1)    Death benefits may be made payable to the trustee named, or to be named, in a will of the insured or the owner of the policy, or the employee covered by the plan or contract whether or not the will is in existence at the time of the designation.        (2)    On the admission of the will to probate, and the payment of the benefits to the trustee, the benefits shall be held, administered, and disposed of in accordance with the terms of the testamentary trust created by the will.    (d)    In the event no trustee makes claim for the death benefits within a period of one year after the date of death of the insured, employee, or annuitant, or if satisfactory evidence is furnished to the insurance company or other obligor within such one–year period that there is or will be no trustee to receive the proceeds, payment shall be made by the insurance company or other obligor to the personal representative of the person making the designation, unless otherwise provided by agreement.    (e)    Death benefits payable as provided in this section, unless paid to a personal representative under the provisions of subsection (d) of this section, are not considered part of the estate of the decedent, and are not subject to any obligation to pay taxes, debts, or other charges enforceable against the estate of the decedent, except as provided in § 7–308 of the Tax – General Article.    (f)    Death benefits held in trust may be commingled with other assets which may properly come into the trust.
MD. Estates and Trusts Code Ann. §  11-106 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-106 - Election by Fiduciary Where Gift Qualifies for Marital Deduction; Marital Deduction Formula Clauses

    (a)    Unless otherwise expressly provided by a will or other controlling instrument, under which a gift is made to or for the benefit of the surviving spouse of a decedent which qualifies for an estate tax marital deduction under the tax law of the United States and the amount or size of the gift is defined by the terms of the will or other controlling instrument in terms of the maximum marital deduction allowable under the tax law, the definitions do not constitute a direction by the decedent to the fiduciary to exercise an election respecting the deduction of estate administration expenses or the determination of the estate tax valuation date, which the fiduciary may have under the tax law, only in a manner as will result in a larger allowable estate tax marital deduction than if the contrary election had been made.    (b)    (1)    In this subsection the following words have the meanings indicated.            (i)    “Marital deduction formula clause” means any provision of a will or other controlling instrument that makes a bequest or transfer, the size or amount of which is determined in whole or in part with reference to the amount allowable to a decedent’s estate as a marital deduction under the tax law of the United States.            (ii)    “Qualified terminable interest property” means property described in § 2056(b)(7) of the Internal Revenue Code.        (2)    If a will or other controlling instrument executed on or before September 12, 1981 contains a marital deduction formula clause, an election by the personal representative or other authorized person to treat property not transferred pursuant to the clause as qualified terminable interest property for purposes of the estate tax marital deduction under the tax law of the United States shall neither increase nor decrease the amount or fraction of the estate, trust, or other fund transferred pursuant to the clause, unless a codicil to the will or amendment to another controlling instrument executed after September 12, 1981 shall expressly otherwise provide.
MD. Estates and Trusts Code Ann. §  11-107 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-107 - Distribution in Kind, Using Federal Estate Tax Values

    Whenever a will or other governing instrument:         (1)    Specifically authorizes a fiduciary to satisfy a legacy or transfer by selection and distribution of assets in kind; and        (2)    Provides that the value of the assets to be distributed shall be determined by reference to their value for purposes of payment of federal estate taxes, the fiduciary shall distribute assets, including cash, having an aggregate fair market value at the date or dates of distribution amounting to no less than the amount of the legacy or transfer as finally determined for federal estate tax purposes unless the will or other governing instrument expressly directs to the contrary.
MD. Estates and Trusts Code Ann. §  11-108 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-108 - Release of Powers of Appointment

    (a)    (1)    Unless the instrument creating a power of appointment expressly provides to the contrary, the power may be wholly or partially released as to all or a portion of the assets subject to it by an instrument signed by the person holding the power and attested by two witnesses.        (2)    If the person is under 18 years of age or is otherwise under disability, a release pursuant to this section may be executed by order of the court having jurisdiction of the person or property of the person under disability.    (b)    (1)    A release pursuant to subsection (a) of this section shall:            (i)    Identify the instrument creating the power of appointment;            (ii)    State the place the instrument was recorded or admitted to probate;            (iii)    Contain a statement of the extent to which the power is released; and            (iv)    Specify any limitation which the release, if partial, places upon the persons, objects, or classes in whose favor the power would otherwise be exercisable.        (2)    The release, whether or not for consideration or under seal, after delivery as provided in subsection (c) of this section, is irrevocable from and after the time it is delivered.    (c)    A release pursuant to subsection (a) shall be delivered:        (1)    To the register of the county in which the will creating the power of appointment was admitted to probate or recorded;        (2)    To the clerk of the appropriate court for recordation among the land records of the county in which the instrument creating the power of appointment has been recorded; or        (3)    In the case of instruments creating powers of appointment which are not recorded, to the person making the instrument which created the power of appointment or to any person holding, individually, or jointly with others, a substantial portion of the assets subject to the power of appointment.    (d)    A release referred to in this section also may be recorded among the land records of the county in which the maker or fiduciary resides.    (e)    (1)    The register or clerk shall:            (i)    Index and record the release in the same manner as the instrument creating the power of appointment was recorded; and            (ii)    Make a reference in the margin of the place of recording of the original instrument of the date and place of recording of the release.        (2)    The releases shall be subject to the usual fees for indexing and recordation, but shall not be subject to a recordation tax now or hereafter imposed.    (f)    A power of appointment also may be released by any means or method valid or effective in the absence of this section.
MD. Estates and Trusts Code Ann. §  11-109 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-109 - Right to Estate

    (a)    A conviction or attainder does not work corruption of blood or forfeiture of estate.    (b)    The estate of a person who commits suicide shall descend or vest like that of a person who dies a natural death.    (c)    A killing of a person by casualty does not cause a forfeiture of estate.
MD. Estates and Trusts Code Ann. §  11-110 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-110 - Construction of References in Will or Trust to Federal Estate Tax or Generation-Skipping Transfer Tax

    (a)    (1)    A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the “unified credit”, “estate tax exemption”, “applicable exemption amount”, “applicable credit amount”, “applicable exclusion amount”, “generation–skipping transfer tax exemption”, “GST exemption”, “marital deduction”, “maximum marital deduction”, or “unlimited marital deduction”, or similar words or phrases relating to the federal estate tax or generation–skipping transfer tax or that measures a share of an estate or a trust based on the amount that can pass free of federal estate taxes or the amount that can pass free of federal generation–skipping transfer taxes, or that is otherwise based on a similar provision of federal estate tax or generation–skipping transfer tax law, shall be deemed to refer to the federal estate tax or generation–skipping transfer tax laws as they applied with respect to estates of decedents dying or generation–skipping transfers made on December 31, 2009.        (2)    This subsection does not apply to a will or trust that:            (i)    Is executed or amended after December 31, 2009; or            (ii)    Manifests an intent that a contrary rule shall apply if the decedent dies on a date on which there is no then applicable federal estate tax or generation–skipping transfer tax.        (3)    The reference to January 1, 2011, in this subsection shall, if a federal estate tax or generation–skipping transfer tax becomes applicable before that date, be construed to refer instead to the first date on which the tax becomes applicable.    (b)    (1)    The personal representative or any interested person under a will or other instrument may bring a proceeding to determine whether the decedent intended that the references described in subsection (a) of this section be construed with respect to the law as it existed after December 31, 2009.        (2)    A proceeding under this subsection shall be commenced within 1 year after the death of the testator or grantor.
MD. Estates and Trusts Code Ann. §  11-111 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-111 - Disqualification for Conviction of Unlawfully Obtaining Property

    (a)    A person convicted of unlawfully obtaining property from a victim in violation of § 8–801(b) of the Criminal Law Article shall be disqualified from inheriting, taking, enjoying, receiving, or otherwise benefitting from the estate, insurance proceeds, or property of the victim, to the extent provided in § 8–801(e) of the Criminal Law Article.    (b)    A person disqualified from inheriting, taking, enjoying, receiving, or otherwise benefitting from the estate, insurance proceeds, or property of the victim in accordance with subsection (a) of this section shall be treated as if the person predeceased the victim.    (c)    In the event a distribution is erroneously made to a person disqualified from inheriting, taking, enjoying, receiving, or otherwise benefitting from the estate, insurance proceeds, or property of the victim in violation of subsection (a) of this section, the disqualified person shall make full restitution to the heir, legatee, or beneficiary who should have received the distribution in accordance with subsection (b) of this section.    (d)    A fiduciary or other person who distributes property in good faith and without actual knowledge of a conviction under § 8–801 of the Criminal Law Article is not personally liable for the distribution.
MD. Estates and Trusts Code Ann. §  11-113 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-113 - Posthumously Conceived Child

    (a)    If a decedent consented in a written record to use of the decedent’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article, the following shall be filed with the register of wills for the county in which the decedent’s estate is probated in the State or, if there is no probate estate filed, with the register of wills for the county in which the decedent was domiciled in the State at the date of death:        (1)    A copy of a posthumously conceived child’s birth record; and        (2)    The written consents required by § 1–205(a)(2) or § 3–107(b) of this article.    (b)    (1)    Subject to paragraph (2) of this subsection, the written consents required by § 1–205(a)(2) or § 3–107(b) of this article shall be filed under subsection (a) of this section within 6 months after the date of the decedent’s death.        (2)    With respect to a decedent who dies between October 1, 2012, and May 30, 2013, inclusive, the written consents required by § 1–205(a)(2) or § 3–107(b) of this article shall be filed under subsection (a) of this section by December 1, 2013.        (3)    A copy of a posthumously conceived child’s birth record shall be filed within 2 years and 60 days after the date of the decedent’s death.    (c)    Absent the filing as required in this section of a posthumously conceived child’s birth record and the written consents required by § 1–205(a)(2) or § 3–107(b) of this article:        (1)    A person holding property that passes by reason of the death of the decedent may distribute or deliver the property without liability for a claim by any posthumously conceived child unknown to the person; and        (2)    The transferee of any such property shall be entitled to receive the property without liability for a claim by any posthumously conceived child unknown to the transferee.
MD. Estates and Trusts Code Ann. §  11-114 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 11 - Miscellaneous Rules|Subtitle 1 - General|Section 11-114 - Prohibited Appointments as Guardian of Minor or Disabled Person

    (a)    Unless good cause is shown for the appointment, a court may not appoint, as a guardian of the person of a minor or disabled person, a person who has been convicted of:        (1)    A felony;        (2)    A crime of violence, as defined in § 14–101 of the Criminal Law Article;        (3)    Assault in the second degree; or        (4)    A sexual offense in the third or fourth degree or attempted rape or sexual offense in the third or fourth degree.    (b)    Unless good cause is shown for the appointment, a court may not appoint, as a guardian of the property of a minor or disabled person, a person who has been convicted of a crime that reflects adversely on an individual’s honesty, trustworthiness, or fitness to perform the duties of a guardian of the property of a minor or disabled person, including fraud, extortion, embezzlement, forgery, perjury, and theft.
MD. Estates and Trusts Code Ann. §  12-101 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 12 - Effective Date and Applicability|Subtitle 1 - Effective Date and Application|Section 12-101 - Effective Date

    The estates of decedents law takes effect at 12:01 a.m. on July 1, 1974.
MD. Estates and Trusts Code Ann. §  12-103 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 12 - Effective Date and Applicability|Subtitle 1 - Effective Date and Application|Section 12-103 - Prior Laws

    Except as otherwise provided in this title:        (1)    The administration on or after July 1, 1974 of estates of persons who died before July 1, 1974 shall be governed by those statutes in effect before July 1, 1974; and        (2)    The administration on or after January 1, 1970 of estates of persons who died before January 1, 1970 shall be governed by those statutes in effect before January 1, 1970.
MD. Estates and Trusts Code Ann. §  13-102 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 1 - General Provisions|Section 13-102 - Purposes and Construction

    (a)    The purposes of this title are:        (1)    To simplify the administration of the estates of minors and disabled persons;        (2)    To reduce the expenses of administration;        (3)    To clarify the law governing the estates of minors and disabled persons; and        (4)    To eliminate certain provisions of existing law which are archaic, often meaningless under modern procedures, and no longer useful.    (b)    This article shall be liberally construed and applied to promote its underlying purposes.
MD. Estates and Trusts Code Ann. §  13-103 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 1 - General Provisions|Section 13-103 - Verification

    For the purposes of this title, verification is sufficient if made in accordance with the provisions of § 1-102(a) and (b) of this article.
MD. Estates and Trusts Code Ann. §  13-104 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 1 - General Provisions|Section 13-104 - Notice

    For the purposes of this title, notice is sufficient if given in accordance with the provisions of § 1-103(a), (b), and (c) of this article.