reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  14.5-411 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-411 - Modification of Administrative or Dispositive Provisions or Termination for Unforeseen Circumstances

    (a)    (1)    The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust.        (2)    To the extent practicable, the modification described in paragraph (1) of this subsection shall be made in accordance with the probable intention of the settlor.    (b)    The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the administration of the trust.    (c)    On termination of a trust under subsection (a) of this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust as ordered by the court.
MD. Estates and Trusts Code Ann. §  14.5-413 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-413 - Reforming Terms of Trust

    The court may reform the terms of a trust, even if unambiguous, to conform the terms to the intention of the settlor if it is proved by clear and convincing evidence that both the intent of the settlor and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
MD. Estates and Trusts Code Ann. §  14.5-414 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-414 - Modification of Terms for Purposes of Taxes

    (a)    To achieve the tax objectives of the settlor, the court may modify the terms of a trust in a manner that is not contrary to the probable intention of the settlor.    (b)    The court may provide that the modification described in subsection (a) of this section has retroactive effect.
MD. Estates and Trusts Code Ann. §  14.5-415 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-415 - Division or Consolidation of Trust

    (a)    (1)    Subject to the provisions of paragraph (2) of this subsection, on petition by a trustee, personal representative, beneficiary, or party in interest, after notice as the court may direct to the trustees, personal representatives, beneficiaries, and parties in interest, and for good cause shown, a court may:            (i)    Divide a trust into two or more separate trusts; or            (ii)    Consolidate two or more trusts into a single trust.        (2)    A court may divide a trust or consolidate trusts:            (i)    On terms and conditions as the court considers appropriate; and            (ii)    If the court is satisfied that a division of a trust or consolidation of trusts will not defeat or materially impair:                1.    The accomplishment of trust purposes; or                2.    The interests of the beneficiaries.        (3)    A court may pass orders that the court considers proper or necessary to protect the interests of:            (i)    A trustee;            (ii)    A personal representative;            (iii)    A beneficiary; or            (iv)    A party in interest.    (b)    Subsection (a) of this section may not be construed to limit the right of a trustee or personal representative to divide a trust or consolidate trusts, without an order of a court, in accordance with the applicable provisions of the governing instrument.    (c)    (1)    Subject to the provisions of paragraphs (2) and (3) of this subsection, if a trust instrument does not provide for the consolidation or division of a trust, a trustee may, without an order of a court:            (i)    Divide a trust into two or more separate trusts; or            (ii)    Consolidate two or more trusts into a single trust.        (2)    A trustee may not divide a trust into two or more separate trusts or consolidate two or more trusts into a single trust if a beneficiary objects in writing within 30 days after the trustee provided notice under § 14.5–109 of this title.        (3)    A trustee may divide a trust or consolidate trusts:            (i)    On terms and conditions as the trustee considers appropriate;            (ii)    If the division of a trust or consolidation of a trust grants beneficial interests to the beneficiaries that, in the aggregate, are substantially similar to the interests the beneficiaries had before the division of the trust or consolidation of the trust; and            (iii)    If the trustee is satisfied that a division of a trust or consolidation of trusts will not defeat or materially impair:                1.    The accomplishment of trust purposes; or                2.    The interests of the beneficiaries.
MD. Estates and Trusts Code Ann. §  14.5-501 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-501 - Creditor's Claims

    (a)    A court may authorize a creditor or an assignee of a beneficiary to reach the interest of the beneficiary by attachment of present or future distributions to or for the benefit of the beneficiary or by other means if that interest is not subject to a discretionary distribution provision, a support provision, or a spendthrift provision.    (b)    The court may limit the amount, timing, or other terms and conditions of an award under this section to relief as is appropriate under the circumstances considering, among other factors:        (1)    The support needs of the beneficiary, the spouse of the beneficiary, the former spouse of the beneficiary, and the dependent children of the beneficiary;        (2)    With respect to a beneficiary that is the recipient of public benefits, the supplemental needs of the beneficiary if the trust was not intended to provide for the basic support of the beneficiary; and        (3)    The amount of the claim of the creditor or assignee and the likely proceeds that a sale would produce as compared to the potential value of the interest to the beneficiary.
MD. Estates and Trusts Code Ann. §  14.5-503 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-503 - Effect of Support Provision

    (a)    Except as provided in §§ 14.5–505 and 14.5–506(b) of this subtitle:        (1)    A beneficial interest that is subject to a support provision may not be judicially foreclosed, attached by a creditor, or transferred by the beneficiary; and        (2)    Trust property that is subject to a support provision is not subject to the enforcement of a judgment until income or principal or both is distributed directly to the beneficiary.    (b)    (1)    The use, occupancy, and enjoyment of a single parcel of residential real property, as designated by the trustee, and tangible personal property by a beneficiary whose interest is subject to a support provision may not be transferred by the beneficiary of the use, occupancy, or enjoyment.        (2)    The use, occupancy, and enjoyment described in paragraph (1) of this subsection are not subject to the enforcement of a judgment against the beneficiary.
MD. Estates and Trusts Code Ann. §  14.5-504 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-504 - Spendthrift Provisions

    (a)    A spendthrift provision is valid and enforceable.    (b)    A provision of a trust providing that the interest of a beneficiary is held subject to a “spendthrift trust”, or words of similar import, restrains both voluntary and involuntary transfer of the beneficiary’s interest.    (c)    A beneficial interest that is subject to a spendthrift provision may not be judicially foreclosed or attached by a creditor.    (d)    (1)    A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this subtitle, a creditor or an assignee of the beneficiary may not reach the interest or a distribution by the trustee before the receipt by the beneficiary of the interest or distribution.        (2)    An attempt by a beneficiary to transfer an interest in a trust in violation of a valid spendthrift provision shall be void and of no effect.    (e)    (1)    The use, occupancy, and enjoyment of a single parcel of residential real property, as designated by the trustee, and tangible personal property by a beneficiary whose interest is subject to a spendthrift provision may not be transferred.        (2)    The use, occupancy, and enjoyment described in paragraph (1) of this subsection are not subject to the enforcement of a judgment against the beneficiary.
MD. Estates and Trusts Code Ann. §  14.5-505 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-505 - Spendthrift Provisions -- Allowable Claims

    (a)    In this section, “child” includes any person for whom an order or a judgment for child support has been entered in this State or another state.    (b)    Subject to the provisions of § 14.5–502 of this subtitle, the interest of a beneficiary that is subject to either a spendthrift provision or a support provision or both can be reached in satisfaction of an enforceable claim against the beneficiary by the following:        (1)    A child, spouse, or former spouse of the beneficiary that has a judgment or court order against the beneficiary for support or maintenance;        (2)    A judgment creditor that has provided services for the protection of the interest of a beneficiary in the trust; or        (3)    A claim of this State or the United States to the extent a statute of this State or federal law so provides.    (c)    (1)    A claimant described in subsection (b) of this section may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary.        (2)    The court may only order the trustee to satisfy all or part of the judgment out of payments of income or principal as they become due.        (3)    The court may limit the award to such relief as is appropriate under the circumstances, considering among any other factors determined appropriate by the court:            (i)    The support needs of the beneficiary’s spouse, former spouse, and dependent children;            (ii)    The support needs of the beneficiary; or            (iii)    With respect to a beneficiary that is the recipient of public benefits, the supplemental needs of the beneficiary if the trust was not intended to provide for the basic support of the beneficiary.
MD. Estates and Trusts Code Ann. §  14.5-506 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-506 - Mandatory Distribution Provisions Other Than Support Provision -- Attachment

    (a)    To the extent that the interest of a beneficiary subject to a mandatory distribution provision, other than a support provision, does not contain a spendthrift provision, the court may authorize a creditor or an assignee of the beneficiary to attach present or future mandatory distributions to or for the benefit of the beneficiary, or to reach the beneficiary’s interest by other means, as provided in § 14.5–501 of this subtitle.    (b)    A creditor or an assignee of a beneficiary may reach a mandatory distribution of a trust if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date, whether or not the trust contains a spendthrift provision or a support provision.
MD. Estates and Trusts Code Ann. §  14.5-507 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-507 - Power of Appointment

    (a)    (1)    A power of appointment held by a person other than the settlor of the trust is not a property interest.        (2)    A power of appointment described in paragraph (1) of this subsection and property subject to that power of appointment may not be judicially foreclosed or attached by a creditor of the holder of the power.    (b)    None of the following shall be sufficient to create a general power of appointment or a power of withdrawal with respect to a beneficiary or settlor:        (1)    The beneficiary serving as a trustee or cotrustee;        (2)    The settlor or the beneficiary holding an unrestricted power to remove or replace a trustee;        (3)    The settlor or the beneficiary of a trust serving as a trust administrator, a partner of a partnership, a manager of a limited liability company, or an officer of a corporation, or serving in another managerial function of another type of entity if part or all of the trust property consists of an interest in the entity;        (4)    A person related by blood or adoption to the settlor or the beneficiary serving as trustee of the trust;        (5)    The agent, accountant, attorney, financial adviser, or friend of the settlor or beneficiary serving as trustee of the trust;        (6)    A business associate of the settlor or the beneficiary serving as trustee of the trust;        (7)    A power of appointment held by the settlor other than the reserved power of the settlor to withdraw trust property for the benefit of the settlor, the creditors of the settlor, the estate of the settlor, or the creditors of the estate of the settlor;        (8)    A power to substitute property of equivalent value for trust property as defined in § 675(4)(C) of the Internal Revenue Code of 1986, as amended; or        (9)    A power to borrow trust property for less than adequate interest or without security as defined in § 675(2) of the Internal Revenue Code of 1986, as amended.
MD. Estates and Trusts Code Ann. §  14.5-509 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-509 - Trust Property Not Subject to Obligations of Trustee

    Trust property is not subject to personal obligations of the trustee of the trust, even if the trustee becomes insolvent or bankrupt.
MD. Estates and Trusts Code Ann. §  14.5-510 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 5 - Creditor's Claims; Spendthrift and Discretionary Trusts|Section 14.5-510 - Attaching, Exercising, Reaching, or Otherwise Compelling Distribution of Beneficial Interest Prohibited; Exceptions

    (a)    A creditor may not attach, exercise, reach, or otherwise compel distribution of the beneficial interest of a beneficiary that is a trustee or the sole trustee of the trust, but that is not a settlor of the trust, except to the extent that the interest would be subject to the claim of the creditor were the beneficiary not acting as cotrustee or sole trustee of the trust.    (b)    A creditor may not attach, exercise, reach, or otherwise compel distribution of the beneficial interest of a beneficiary or any other person that holds an unconditional or conditional power to remove a trustee, to replace a trustee, or to remove and replace a trustee, except to the extent that the interest would be subject to the claim of the creditor if the beneficiary or other person did not have the power to remove, replace, or remove and replace a trustee.
MD. Estates and Trusts Code Ann. §  14.5-601 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 6 - Revocable Trusts|Section 14.5-601 - Capacity of Settlor

    (a)    The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.    (b)    Nothing in this section shall be construed to prohibit the creation of a revocable trust if that creation is otherwise authorized under State law.    (c)    The fact that the settlor becomes incapacitated or loses the capacity required to create a will does not convert a revocable trust into an irrevocable trust.
MD. Estates and Trusts Code Ann. §  14.5-602 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 6 - Revocable Trusts|Section 14.5-602 - Revocation or Amendment of Trusts

    (a)    (1)    Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.        (2)    This subsection does not apply to a trust created under an instrument executed before  January 1, 2015.    (b)    If a revocable trust is created or funded by more than one settlor:        (1)    To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;        (2)    To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to the contribution of that settlor; and        (3)    On the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.    (c)    The settlor may revoke or amend a revocable trust:        (1)    By substantially complying with a method to revoke or amend the trust provided in the terms of the trust; or        (2)    If the terms of the trust do not provide a method to revoke or amend the trust or the method provided in the terms of the trust is not expressly made exclusive, by:            (i)    A later will or codicil that expressly refers to the trust or specifically devises property that would have passed otherwise according to the terms of the trust; or            (ii)    Another method manifesting clear and convincing evidence of the intent of the settlor.    (d)    On revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.    (e)    The powers of a settlor with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power of attorney.    (f)    A guardian of the property of the settlor or, if no guardian of the property has been appointed, a guardian of the person of the settlor may exercise the powers of the settlor with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the guardianship and only if the trust instrument does not provide otherwise.
MD. Estates and Trusts Code Ann. §  14.5-603 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 6 - Revocable Trusts|Section 14.5-603 - Rights of Beneficiaries Subject to Control of Settlor

    (a)    Except as provided in subsection (b) of this section, while a trust is revocable, rights of the beneficiaries are subject to the control of the settlor and the duties of the trustee are owed exclusively to the settlor.    (b)    While a trust is revocable and a settlor does not have the capacity to revoke the trust, a beneficiary to which distributions may be made during the lifetime of the settlor shall have the right to enforce the trust as if the trust were irrevocable.
MD. Estates and Trusts Code Ann. §  14.5-604 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 6 - Revocable Trusts|Section 14.5-604 - Partial Revocation by Divorce or Annulment

    (a)    This section applies:        (1)    (i)    With respect to a final judgment of absolute divorce of the settlor and the settlor’s spouse, if the final judgment was entered into on or after October 1, 2016; or            (ii)    With respect to an annulment of the marriage, if the annulment occurred on or after October 1, 2016; and        (2)    Unless otherwise expressly provided:            (i)    In the trust instrument;            (ii)    By court order; or            (iii)    By written agreement between the settlor and the settlor’s spouse or former spouse.    (b)    On the absolute divorce of the settlor and the settlor’s spouse or the annulment of the marriage occurring after the creation of the settlor’s revocable trust:        (1)    All terms of the trust relating to trust distributions to or for the benefit of the spouse shall be revoked, and, for the purposes of the trust, the spouse shall be deemed to have died on the date of the absolute divorce or annulment;        (2)    If the spouse is serving as a trustee or as an advisor to the trustee of the trust, the spouse shall be removed as a trustee or an advisor on the date of the absolute divorce or annulment without further court action; and        (3)    After the divorce or annulment, the former spouse may not:            (i)    Serve as a trustee or as an advisor to the trustee of the trust; or            (ii)    Exercise any trust or fiduciary powers provided in the terms of the trust, including any power of appointment.
MD. Estates and Trusts Code Ann. §  14.5-605 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 6 - Revocable Trusts|Section 14.5-605 - Limitation for Contesting Validity of Revocable Trust

    A person shall commence a judicial proceeding to contest the validity of a trust that was revocable at the death of the settlor within the earliest of:        (1)    1 year after the death of the settlor; or        (2)    6 months after the trustee sends the person a copy of the trust instrument and a notice informing the person of the existence of the trust, the name and address of the trustee, and the time allowed for commencing a proceeding.
MD. Estates and Trusts Code Ann. §  14.5-606 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 6 - Revocable Trusts|Section 14.5-606 - Treatment of Property or Benefits After Filing of Election

    (a)    (1)    In this section the following words have the meanings indicated.        (2)    “Estate subject to election” has the meaning stated in § 3–401 of this article.        (3)    “Spousal benefits” has the meaning stated in § 3–401 of this article.    (b)    After the filing of an election to take an elective share under § 3–403 of this article becomes final:        (1)    All property or other benefits that would have passed to the surviving spouse under the trust instrument, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died on the day before the settlor; and        (2)    The surviving spouse or a person claiming through the surviving spouse may not receive property, other than property forming any portion of the spousal benefits, under the trust instrument.