reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  14.5-111 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-111 - Nonjudicial Settlement Agreements

    (a)    In this section, “interested person” means a person whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.    (b)    Except as otherwise provided in subsection (c) of this section, on or after October 1, 2016, interested persons may enter into a binding nonjudicial settlement agreement with respect to a matter involving a trust.    (c)    A nonjudicial settlement agreement is valid only to the extent the settlement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this title or other applicable law.    (d)    Matters that may be resolved by a nonjudicial settlement agreement include:        (1)    The interpretation or construction of the terms of the trust;        (2)    The approval of a report or accounting of a trustee;        (3)    Direction to a trustee to refrain from performing a particular act or the grant to a trustee of a necessary or desirable power;        (4)    The resignation or appointment of a trustee and the determination of the compensation of a trustee;        (5)    Transfer of the principal place of administration of a trust; and        (6)    Liability of a trustee for an action relating to the trust.    (e)    An interested person may request the court to:        (1)    Determine whether the representation as provided in Subtitle 3 of this title was adequate; and        (2)    Determine whether the agreement contains terms and conditions the court could have properly approved.
MD. Estates and Trusts Code Ann. §  14.5-112 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-112 - Inter Vivos Trust -- Applicability of Other Sections

    (a)    In the absence of express language to the contrary, the rules contained in §§ 1–202, 1–203, 1–204, 1–205, 1–206, 1–207, 1–208, 1–209, and 1–210.1 of this article shall be applied in construing the terms of an inter vivos trust.    (b)    Whenever a provision in §§ 1–202, 1–203, 1–204, 1–205, 1–206, 1–207, 1–208, 1–209, and 1–210.1 of this article refers to a “will”, “estate”, or a similar term relevant primarily to wills and estates or a taker under a will or an estate, the term shall be modified to mean “trust instrument”, “trust”, or a similar term to reflect the application of the principles of those provisions to an inter vivos trust.
MD. Estates and Trusts Code Ann. §  14.5-201 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 2 - Judicial Proceedings|Section 14.5-201 - Intervention in Administration of Trust

    (a)    On the invocation of the court’s jurisdiction by an interested person, on the court’s own motion, or as otherwise provided by law, the court may intervene actively in the administration of a trust, fashioning and implementing remedies as the public interest and the interests of the beneficiaries may require.    (b)    A trust is not subject to continuing judicial supervision unless ordered by the court.    (c)    A judicial proceeding involving a trust may relate to a matter involving the administration of the trust, including a request for instructions and an action to declare rights.    (d)    (1)    A court having equity jurisdiction has general superintending power with respect to trusts.        (2)    The provisions of Titles 1 through 13 of this article do not affect or supersede the power described in paragraph (1) of this subsection.
MD. Estates and Trusts Code Ann. §  14.5-202 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 2 - Judicial Proceedings|Section 14.5-202 - Jurisdiction

    (a)    By accepting the trusteeship of a trust having the principal place of administration for the trust in the State or by moving the principal place of administration to the State, the trustee submits personally to the jurisdiction of the courts of the State regarding a matter involving the trust.    (b)    (1)    With respect to the interests of a beneficiary of a trust having the principal place of administration of the trust in the State, the beneficiary is subject to the jurisdiction of the courts of the State regarding a matter involving the trust.        (2)    By accepting a distribution from a trust described in paragraph (1) of this subsection, the recipient submits personally to the jurisdiction of the courts of the State regarding a matter involving the trust.    (c)    This section does not preclude other methods of obtaining jurisdiction over a trustee, a beneficiary, or any other person receiving property from the trust.
MD. Estates and Trusts Code Ann. §  14.5-203 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 2 - Judicial Proceedings|Section 14.5-203 - Discretionary Powers Subject to Judicial Control; Abuse of Discretion

    (a)    (1)    A discretionary power conferred on the trustee to determine the benefits of a beneficiary is subject to judicial control  to prevent misinterpretation or abuse of the discretion of the trustee.        (2)    The benefits to which a beneficiary of a discretionary distribution provision is entitled, and what may constitute an abuse of discretion by the trustee, depend on the terms of the discretion, including the proper construction of accompanying standards, and on the settlor’s purposes in granting the discretionary power and in creating the trust.        (3)    Notwithstanding the breadth of discretion granted to a trustee by the terms of a trust, including the use of the terms “absolute”, “sole”, or “uncontrolled”, a trustee abuses the discretion of the trustee in exercising or failing to exercise a discretionary power if the trustee:            (i)    Acts dishonestly;            (ii)    Acts with an improper motive, even though not a dishonest motive;            (iii)    Fails to exercise the judgment of the trustee in accordance with the terms and purposes of the trust; or            (iv)    Acts beyond the bounds of reasonable judgment.    (b)    A court may review an action by a trustee under a support provision or a mandatory distribution provision in the trust.
MD. Estates and Trusts Code Ann. §  14.5-301 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 3 - Representation|Section 14.5-301 - General Consideration

    (a)    Except as required by the applicable rules of civil procedure in a judicial proceeding, notice to a person that is authorized to represent and bind another person under this subtitle has the same effect as if notice were given directly to the other person unless the person represented objects to the representation by notifying the trustee and the representative before the notice would otherwise have become effective.    (b)    The consent of a person that is authorized to represent and bind another person under this subtitle is binding on the person represented unless the person represented objects to the representation by notifying the trustee and the representative before the consent would otherwise have become effective.    (c)    Except as otherwise provided in § 14.5–602 of this title, a person that under this subtitle is authorized to represent a settlor that lacks capacity may receive notice and give a binding consent on behalf of the settlor.    (d)    A representative may act on behalf of the individual represented with respect to a matter arising under this title, whether or not a judicial proceeding concerning the trust is pending.    (e)    In making decisions as a representative of an individual, the representative may consider the general benefit accruing to the living members of the family of the individual.
MD. Estates and Trusts Code Ann. §  14.5-302 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 3 - Representation|Section 14.5-302 - Qualified Power of Appointment

    (a)    The holder of a qualified power of appointment may represent and bind persons whose interests as permissible appointees or takers in default are subject to the power.    (b)    A qualified power of appointment is:        (1)    A general power of appointment; or        (2)    A power of appointment exercisable in favor of all persons other than the power holder, the estate of the power holder, the creditors of the power holder, and the creditors of the estate of the power holder.
MD. Estates and Trusts Code Ann. §  14.5-303 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 3 - Representation|Section 14.5-303 - Representatives Enumerated

    To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:        (1)    A guardian of the property may represent and bind the minor or disabled person;        (2)    A guardian of the person may represent and bind the minor or disabled person if a guardian of the property has not been appointed;        (3)    An agent having specific authority to act with respect to trust matters may represent and bind the principal;        (4)    A trustee of a trust that is a beneficiary of another trust may represent and bind the beneficiaries of the trust that is the beneficiary of the other trust;        (5)    A personal representative of the estate of a decedent that is a beneficiary of a trust may represent and bind interested persons in the estate;        (6)    A parent may represent and bind the minor, incapacitated, unborn, or unknown child of the parent or child of the parent whose location is unknown and not reasonably ascertainable if a guardian of the property or guardian of the person for the child has not been appointed; and        (7)    If a minor, an incapacitated, unborn, or unknown individual or an individual whose location is unknown and not reasonably ascertainable is not otherwise represented under this section, a grandparent or more remote ancestor may represent and bind the individual.
MD. Estates and Trusts Code Ann. §  14.5-304 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 3 - Representation|Section 14.5-304 - Representatives Enumerated -- Minor, Incapacitated or Unborn Individual, or Individual Whose Identity or Location Is Unknown

    Unless otherwise represented, a minor, an incapacitated or unborn individual, or an individual whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by a representative having a substantially identical interest with respect to a particular question or dispute, but only to the extent that there is no conflict of interest between the representative and the individual represented with respect to the question or dispute.
MD. Estates and Trusts Code Ann. §  14.5-305 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 3 - Representation|Section 14.5-305 - Appointment of Representative by Court

    (a)    If the court determines that an interest is not represented under this subtitle or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, an incapacitated individual, an unborn individual, or a person whose identity or location is unknown or is not reasonably ascertainable as long as there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute.    (b)    A representative may be appointed to represent several persons or interests under this title.
MD. Estates and Trusts Code Ann. §  14.5-306 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 3 - Representation|Section 14.5-306 - Designation of Representatives; Priorities; Prohibitions; Liability

    (a)    A settlor may:        (1)    Designate one or more persons who may serve as a representative or successor representative of a beneficiary of the trust;        (2)    Designate one or more other persons who may designate a representative or successor representative of a beneficiary of the trust; and        (3)    Specify the order of priority among two or more persons who are authorized under this title to serve as a representative or successor representative of a beneficiary of the trust.    (b)    Notwithstanding subsection (a) of this section, except as provided in § 14.5–303 of this subtitle, a person designated under subsection (a) of this section may not serve as a representative of a beneficiary of a trust if the person serves as a trustee of the same trust.    (c)    (1)    A representative designated under subsection (a) of this section may be held liable to the beneficiary on whose behalf the representative acts only if:            (i)    The representative has undertaken or agreed to represent the beneficiary; and            (ii)    Subject to paragraph (2) of this subsection, the representative’s action or failure to act is proven by clear and convincing evidence to have been in bad faith with respect to the beneficiary.        (2)    For purposes of determining liability under paragraph (1)(ii) of this subsection, a representative acts, or fails to act, in bad faith only if:            (i)    The action or inaction was the result of intentional wrongdoing by the representative; or            (ii)    The representative acted, or failed to act, with reckless indifference to the purposes of the trust or the interests of the beneficiary on whose behalf the representative acted.
MD. Estates and Trusts Code Ann. §  14.5-401 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-401 - Creation of Trust

    A trust may be created by:        (1)    Transfer of property to another person as trustee during the lifetime of the settlor or by will or other disposition taking effect on the death of the settlor;        (2)    Declaration by the owner of property that the owner holds identifiable property as trustee; or        (3)    Exercise of a power of appointment in favor of a trustee.
MD. Estates and Trusts Code Ann. §  14.5-402 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-402 - Requirements

    (a)    A trust is created only if:        (1)    The settlor has capacity to create a trust;        (2)    The settlor indicates an intention to create the trust;        (3)    The trust has a definite beneficiary or is:            (i)    A charitable trust;            (ii)    A trust for the care of an animal, as provided in § 14.5–407 of this subtitle; or            (iii)    A trust for a noncharitable purpose, as provided in § 14.5–408 of this subtitle; and        (4)    The trustee has duties to perform.    (b)    A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.    (c)    (1)    A power in a trustee or in another person under the terms of the trust to select a beneficiary from an indefinite class is valid.        (2)    If the power described in paragraph (1) of this subsection is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons that would have taken the property had the power not been conferred.
MD. Estates and Trusts Code Ann. §  14.5-403 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-403 - Validity of Trust Not Created by Will

    A trust not created by will is validly created if the creation of the trust complies with:        (1)    The law of the jurisdiction in which the trust instrument was executed; or        (2)    The law of the jurisdiction in which, at the time of creation:            (i)    The settlor was domiciled or was a national;            (ii)    A trustee of the trust was domiciled or had a place of business; or            (iii)    Any trust property was located.
MD. Estates and Trusts Code Ann. §  14.5-404 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-404 - Purposes and Benefits

    (a)    A trust may be created only to the extent that the purposes of the trust are lawful, not contrary to public policy, and possible to achieve.    (b)    A trust and the terms of the trust shall be for the benefit of the beneficiaries of the trust.
MD. Estates and Trusts Code Ann. §  14.5-405 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-405 - Void Trusts

    A trust is void to the extent that the creation of the trust was induced by fraud, duress, or undue influence.
MD. Estates and Trusts Code Ann. §  14.5-406 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-406 - Oral Trusts Established by Clear and Convincing Evidence

    Except as required by a provision other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and the terms of the oral trust may be established only by clear and convincing evidence.
MD. Estates and Trusts Code Ann. §  14.5-407 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-407 - Trusts for Care of Animal

    (a)    A trust may be created to provide for the care of an animal alive during the lifetime of the settlor.    (b)    A trust authorized by this section terminates:        (1)    If created to provide for the care of one animal alive during the lifetime of the settlor, on the death of the animal; or        (2)    If created to provide for the care of more than one animal alive during the lifetime of the settlor, on the death of the last surviving animal.    (c)    (1)    A trust authorized by this section may be enforced by a person appointed under the terms of the trust or, if no person is appointed, by a person appointed by the court.        (2)    A person having an interest in the welfare of an animal, the care for which a trust has been established, may request the court to appoint a person to enforce the trust or to remove a person appointed.    (d)    (1)    Except to the extent that the court may determine that the value of a trust authorized by this section exceeds the amount required for the use intended by the trust, the property of the trust may be applied only to the intended use of the trust.        (2)    Except as otherwise provided under the terms of the trust, property not required for the intended use of the trust shall be distributed:            (i)    To the settlor, if living; or            (ii)    If the settlor is deceased, to the successors in interest of the settlor.
MD. Estates and Trusts Code Ann. §  14.5-408 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-408 - Noncharitable Trusts

    Except as otherwise provided in § 14.5–407 of this subtitle or by another statute, the following rules apply:        (1)    (i)    A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee; and            (ii)    A trust described in item (i) of this item may not be enforced for more than 21 years unless the settlor elects otherwise;        (2)    A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court; and        (3)    (i)    Property of a trust authorized by this section may be applied only to the intended use of the trust, except to the extent that the court determines that the value of the trust property exceeds the amount required for the intended use; and            (ii)    Except as otherwise provided in the terms of a trust described in item (i) of this item, property not required for the intended use shall be distributed to the settlor, if then living, or to the successors in interest of the settlor, if the settlor is not then living.
MD. Estates and Trusts Code Ann. §  14.5-409 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-409 - Termination of Trusts; Institution of Proceedings

    (a)    In addition to the methods of termination prescribed by §§ 14.5–410 through 14.5–412 of this subtitle, a trust terminates to the extent:        (1)    The trust is revoked or expires in accordance with the terms of the trust; or        (2)    The purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.    (b)    A proceeding to approve or disapprove a proposed modification or termination under §§ 14.5–410 through 14.5–414 of this subtitle, or combination or division of a trust under § 14.5–415 of this subtitle, may be commenced by a trustee or beneficiary.
MD. Estates and Trusts Code Ann. §  14.5-410 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 4 - Creation, Validity, Modification, and Termination of Trust|Section 14.5-410 - Modification or Termination of Trust

    (a)    (1)    A noncharitable irrevocable trust may be terminated on consent of the trustee and all beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust.        (2)    A noncharitable irrevocable trust may be modified on consent of the trustee and all beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.    (b)    The existence of a spendthrift provision or similar protective language in the terms of the trust does not prevent a termination of a trust under subsection (a)(1) of this section.    (c)    On termination of a trust under subsection (a)(1) of this section, the trustee shall distribute the trust property as agreed by the beneficiaries.    (d)    If not all beneficiaries consent to a proposed modification or termination of the trust under subsection (a) of this section, the modification or termination may be approved by the court if the court is satisfied that:        (1)    If all beneficiaries had consented, the trust could have been modified or terminated under this section; and        (2)    The interests of a beneficiary that does not consent will be adequately protected.