reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  14-302 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 3 - Charitable Trusts|Section 14-302 - Maryland Uniform Charitable Trusts Administration Act

    (a)    A court of equity, on application of any trustee, or any interested person, or the Attorney General of the State, may order an administration of a trust, devise or bequest as nearly as possible to fulfill the general charitable intention of the settlor or testator:        (1)    (i)    If the trust for charity is or becomes illegal or impossible or impracticable of enforcement; or            (ii)    If the devise or bequest for charity, at the time it was intended to become effective, is illegal or impossible or impracticable of enforcement; and        (2)    If the settlor or testator manifested a general intention to devote the property to charity.    (b)    This section shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states which enact it.    (c)    This section may be cited as the Maryland Uniform Charitable Trusts Administration Act.
MD. Estates and Trusts Code Ann. §  14-303 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 3 - Charitable Trusts|Section 14-303 - Prohibited Acts

    (a)    In the administration of any trust which is a “private foundation,” as defined in § 509 of the Internal Revenue Code, a “charitable trust,” as defined in § 4947(a)(1) of the Internal Revenue Code, or a “split–interest trust,” as defined in § 4947(a)(2) of the Internal Revenue Code, the acts specified in this section are prohibited.    (b)    It is unlawful to engage in any act of “self–dealing,” as defined in § 4941(d) of the Internal Revenue Code, which would cause any tax liability under § 4941(a) of the Internal Revenue Code.    (c)    It is unlawful to retain any “excess business holdings,” as defined in § 4943(c) of the Internal Revenue Code, which would cause any tax liability under § 4943(a) of the Internal Revenue Code.    (d)    It is unlawful to make any investment which would jeopardize the carrying out of any exempt purposes under § 4944 of the Internal Revenue Code and cause any tax liability under § 4944(a) of the Internal Revenue Code.    (e)    It is unlawful to make any “taxable expenditures,” as defined in § 4945(d) of the Internal Revenue Code, which would cause any tax liability under § 4945(a) of the Internal Revenue Code.    (f)    This section does not apply to any part of a split–interest trust which is not subject to the prohibitions applicable to private foundations because of the provisions of § 4947 of the Internal Revenue Code.
MD. Estates and Trusts Code Ann. §  14-304 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 3 - Charitable Trusts|Section 14-304 - Amendment of Instrument to Conform to Internal Revenue Code

    (a)    Notwithstanding any provisions to the contrary in the governing instrument, the trustee or trustees of any charitable remainder trust created after July 31, 1969 with the consent of each beneficiary named in the governing instrument, without application to any court, may amend the governing instrument to conform to the provision of § 664 of the Internal Revenue Code by executing a written amendment to the trust for the purpose.    (b)    Consent is not required as to individual named beneficiaries not living at the time of amendment.    (c)    In the case of an individual beneficiary not competent to give consent, the consent of a guardian, appointed by a court of competent jurisdiction, shall be treated as consent of the beneficiary.    (d)    In the case of any amendment to a trust created by will, the amendment, if provided in the amendment, may be considered to apply as of the date of death of the testator.
MD. Estates and Trusts Code Ann. §  14-305 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 3 - Charitable Trusts|Section 14-305 - Distributions

    In the administration of any trust which is a “private foundation” as defined in § 509 of the Internal Revenue Code, or which is a “charitable trust” as defined in § 4947(a)(1) of the Internal Revenue Code, there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by § 4942(a) of the Internal Revenue Code.
MD. Estates and Trusts Code Ann. §  14-306 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 3 - Charitable Trusts|Section 14-306 - Judicial Determination Concerning Application of 14-303 and 14-305

    The provisions of §§ 14-303 and 14-305 of this subtitle do not apply to any trust to the extent that a court of competent jurisdiction determines that the application would be contrary to the terms of the instrument governing the trust and that it may not be changed properly to conform to these sections.
MD. Estates and Trusts Code Ann. §  14-307 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 3 - Charitable Trusts|Section 14-307 - Rights and Powers of Courts and Attorney General

    Sections 14-303 through 14-307 of this subtitle do not impair the rights and powers of the courts or the Attorney General with respect to any trust.
MD. Estates and Trusts Code Ann. §  14-401 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 4 - Maryland Discretionary Trust Act|Section 14-401 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Adult” means an individual who is at least 18 years of age.    (c)    “Beneficiary” means an individual for whose present benefit property is held by a trustee in accordance with this subtitle.    (d)    “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of an individual’s property or a person legally authorized to perform substantially the same functions.    (e)    “Court” means the circuit courts of the State of Maryland.    (f)    “Declarant” means a transferor who creates a trust under this subtitle and serves as the trustee.    (g)    “Guardian” means a person appointed or qualified by a court as a guardian of the person of an individual, including a limited guardian, but not a person who is only a guardian ad litem.    (h)    “Legal representative” means a personal representative, conservator, or an attorney in fact under a durable power of attorney.    (i)    “Member of the beneficiary’s family” means a beneficiary’s spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.    (j)    “Person” means an adult, corporation, organization, or any other legal entity.    (k)    “Personal representative” means an executor, administrator, or special administrator of a decedent’s estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.    (l)    “State” means the United States of America, a state or subdivision thereof, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.    (m)    (1)    “Transferor” means a person who creates a trust by transfer or declaration under this subtitle.        (2)    “Transferor” does not include a person, other than the person who created the trust, who augments an existing trust.    (n)    (1)    “Trust” means a trust created under this subtitle.        (2)    “Trust” does not include a trust created by the transferor for the benefit of the transferor.    (o)    “Trust property” means any property, income, or proceeds resulting from the investment of property held in trust under this subtitle.    (p)    “Trustee” means a person authorized by law to act as trustee who is designated as trustee of a trust under this subtitle or successor to the person designated.
MD. Estates and Trusts Code Ann. §  14-402 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 4 - Maryland Discretionary Trust Act|Section 14-402 - Rights, Duties, or Obligations of Trustee, Beneficiary, Transferor, Declarant, or Persons Dealing With Them

    (a)    (1)    The trustee holds title to the trust property.        (2)    Trust property may not be considered property or an available resource of the beneficiary.        (3)    The beneficiary may not have any interest in trust property that can be assigned or attached.        (4)    No part of the trust property may be subject to claims for costs of care provided to the beneficiary by a state.    (b)    (1)    The trustee has sole discretion over trust property expenditures.        (2)    The trustee shall decide what expenditures will be made, how they will be made, and when they will be made for the benefit of the beneficiary.        (3)    A trust may be used to ensure that trust property is available to provide for the needs of the beneficiary to the extent not provided for by other sources, including public and private benefit programs for which the beneficiary would or might be eligible if the trust did not exist.        (4)    A trustee may retain any trust property received from a transferor.    (c)    A person dealing with a transferor, declarant, or trustee is protected in those dealings in accordance with § 14-405 of this subtitle.    (d)    Any person except the beneficiary may augment trust property.    (e)    (1)    When establishing a trust, the transferor may designate the trust to be either revocable or irrevocable.        (2)    If no designation is made, the trust is revocable.
MD. Estates and Trusts Code Ann. §  14-403 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 4 - Maryland Discretionary Trust Act|Section 14-403 - Eligibility to Create Trust; Trustees; Trustee Succession

    (a)    Any person having the right to transfer property to another person may create a trust as a transferor under this subtitle.    (b)    The transferor may:        (1)    As declarant serve as trustee;        (2)    Designate a trustee;        (3)    Designate how the trustee will be chosen;        (4)    Designate successor trustees in the order in which they will serve; and        (5)    Designate how successor trustees will be chosen.    (c)    The trustee shall hold, manage, expend, and transfer trust property as provided in this subtitle.    (d)    The successor trustee shall assume the responsibilities of the trustee when the trustee is no longer willing or able to serve.    (e)    A trust may have only one beneficiary but more than one trustee.    (f)    A trustee:        (1)    Is not personally liable to a third person:            (i)    On a contract properly entered into in a fiduciary capacity unless the trustee fails to reveal that capacity or to identify the trust in the contract; or            (ii)    For an obligation arising from control of trust property or for a tort committed in the course of the administration of the trust, unless the trustee is personally at fault;        (2)    May decline to serve as trustee before accepting trust property by notifying in writing the person who designated the trustee, or that person’s legal representative; and        (3)    May resign as trustee by notifying the successor trustee in writing, transferring all trust property to the successor trustee, providing the successor trustee with a complete accounting of trust property, and confirming that the successor trustee has accepted the trust property.    (g)    The next willing successor trustee in line shall accept the records and trust property and become trustee as soon as practicable after:        (1)    The resignation of the trustee;        (2)    The declination of the trustee;        (3)    The death of the trustee; or        (4)    The removal of the trustee.    (h)    If the trustee is unable or unwilling to serve and no successor trustee will serve, the following persons in the order listed may petition the court to designate a successor trustee:        (1)    The transferor or the legal representative of the transferor;        (2)    The trustee;        (3)    The beneficiary or the beneficiary’s legal representative;        (4)    The guardian of the person of the beneficiary;        (5)    An adult member of the beneficiary’s family or that family member’s legal representative; or        (6)    A person interested in the trust property or a person interested in the welfare of the beneficiary, either of whom the court determines to have a legitimate interest.    (i)    Unless renounced by the transferor, the transferor may at any time remove or change the designation of the trustee and successor trustees.
MD. Estates and Trusts Code Ann. §  14-406 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 4 - Maryland Discretionary Trust Act|Section 14-406 - Termination

    (a)    The trust shall terminate upon the first to occur of:        (1)    The death of the beneficiary;        (2)    A date or event specified in the trust document; or        (3)    The determination by the trustee, in the trustee’s sole and absolute discretion, that by judicial, legislative, or administrative action, trust property or income has been or will be determined to be property or an available resource of the beneficiary.    (b)    Upon termination of a trust, the trustee shall transfer the unexpended trust property:        (1)    As designated in the instrument creating the trust; or        (2)    If there is no designation, in the following order:            (i)    To the transferor, if living;            (ii)    If the transferor is not living and died with a will, to those persons, other than the beneficiary, designated as residuary legatees in the transferor’s will in the proportions to which they were entitled under the transferor’s will; or            (iii)    If the transferor is not living and died without a will, to those persons, other than the beneficiary, who would be entitled to receive the trust property at the time if the transferor died owning the trust property, without a will, and a resident of Maryland.    (c)    The powers and duties of the trustee shall continue until the final and complete distribution of the trust property is made.
MD. Estates and Trusts Code Ann. §  14-407 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 4 - Maryland Discretionary Trust Act|Section 14-407 - Forms

    (a)    The following form may be used to create a trust by transfer:“Transfer Under the Maryland Discretionary Trust Act
MD. Estates and Trusts Code Ann. §  14-408 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 4 - Maryland Discretionary Trust Act|Section 14-408 - Short Title

    This subtitle may be cited as the “Maryland Discretionary Trust Act”.
MD. Estates and Trusts Code Ann. §  14-501 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14 - Trusts|Subtitle 5 - Health Savings Accounts|Section 14-501 - Definition of Accounts -- Establishment -- Inapplicability of Article

    (a)    In this subtitle, “health savings account” has the meaning stated in § 223 of the Internal Revenue Code.    (b)    A health savings account may be established as provided in § 15–144 of the Insurance Article.    (c)    Except as provided in this subtitle or required by federal law, this article does not apply to a health savings account.
MD. Estates and Trusts Code Ann. §  14.5-101 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-101 - Short Title

    This title may be cited as the Maryland Trust Act.
MD. Estates and Trusts Code Ann. §  14.5-102 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-102 - Application of Title

    This title applies to express charitable or noncharitable trusts and trusts created in accordance with a statute (including the Maryland Discretionary Trust Act, unless otherwise provided by the statute), judgment, or decree that requires the trust to be administered in the manner of an express trust.
MD. Estates and Trusts Code Ann. §  14.5-104 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-104 - Person With Knowledge of Facts

    A person has knowledge of a fact if the person:        (1)    Has actual knowledge of the fact;        (2)    Has received a notice or notification of the fact; or        (3)    From all the facts and circumstances known to the person at the time, knows or should know the fact.
MD. Estates and Trusts Code Ann. §  14.5-105 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-105 - Terms of Trust Prevail -- Exceptions

    The terms of a trust prevail over a provision of this title, except:        (1)    The requirements for creating a trust;        (2)    The duty of a trustee to act reasonably under the circumstances and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;        (3)    The requirement that a trust and the terms of the trust be for the benefit of the beneficiaries of the trust and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;        (4)    The prohibition under § 14.5–306 of this title against a person serving as a representative of a beneficiary of a trust when that person is serving as a trustee of the same trust;        (5)    The power of the court to modify or terminate a trust under §§ 14.5–410, 14.5–411, 14.5–413, and 14.5–414 of this title;        (6)    The rights of certain creditors and assignees to reach a trust as provided in Subtitle 5 of this title;        (7)    The power of the court under § 14.5–702 of this title to require, dispense with, modify, or terminate a bond;        (8)    The subject matter jurisdiction and venue for commencing a proceeding as provided by the laws of this State;        (9)    The power of the court under § 14.5–708(a) of this title to increase or decrease the commissions of a trustee;        (10)    The duties to provide information, copies, and notices specified under § 14.5–813(a) and (c) of this title;        (11)    The duty under § 14.5–813(a) and (b) of this title to:            (i)    Notify qualified beneficiaries of an irrevocable trust who have attained 25 years of age of the existence of the trust, the identity of the trustee, and their right to request trustee’s reports and a copy of the trust; and            (ii)    Respond to the request of a qualified beneficiary of an irrevocable trust for reports by the trustee and other information reasonably related to the administration of the trust;        (12)    The effect of an exculpatory term under § 14.5–906 of this title;        (13)    The rights under §§ 14.5–908 through 14.5–910 of this title of a person other than a trustee or beneficiary;        (14)    The power of the court to take an action and exercise jurisdiction as may be necessary in the interests of justice; and        (15)    Periods of limitation for bringing a judicial action.
MD. Estates and Trusts Code Ann. §  14.5-106 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-106 - Common Law of Trusts and Principles of Equity Are Supplemental

    The common law of trusts and principles of equity supplement this title, except to the extent modified by this title or another statute of this State.
MD. Estates and Trusts Code Ann. §  14.5-107 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-107 - Governing Law of Trust Provisions

    The meaning and effect of the terms of a trust are determined by:        (1)    The law of the jurisdiction designated in the terms unless the designation of that jurisdiction’s law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or        (2)    In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
MD. Estates and Trusts Code Ann. §  14.5-108 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-108 - Principal Place of Administration

    (a)    Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:        (1)    The principal place of business of a trustee is located in or a trustee is a resident of the designated jurisdiction; or        (2)    All or part of the administration of the trust occurs in the designated jurisdiction.    (b)    A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiary.    (c)    Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty under subsection (b) of this section, may transfer the principal place of administration of the trust to another state or a jurisdiction outside the United States.    (d)    (1)    The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust’s principal place of administration not less than 60 days before initiating the transfer.        (2)    The notice of proposed transfer under paragraph (1) of this subsection must include:            (i)    The name of the jurisdiction to which the principal place of administration is to be transferred;            (ii)    The address and telephone number at the new location at which the trustee can be contacted;            (iii)    An explanation of the reasons for the proposed transfer;            (iv)    The date on which the proposed transfer is anticipated to occur; and            (v)    The date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.    (e)    The authority of a trustee under this section to transfer a trust’s principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
MD. Estates and Trusts Code Ann. §  14.5-110 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 14.5 - Maryland Trust Act|Subtitle 1 - In General|Section 14.5-110 - Qualified Beneficiaries

    (a)    Whenever notice to qualified beneficiaries of a trust is required under this title, the trustee shall also give notice to any other beneficiary that has sent the trustee a request for notice.    (b)    A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this title if the charitable organization on the date the qualification of the charitable organization is being determined:        (1)    Is a distributee or permissible distributee of trust income or principal;        (2)    Would be a distributee or permissible distributee of trust income or principal on the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or        (3)    Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.    (c)    A person appointed to enforce a trust created for the care of an animal as provided in § 14.5–407 of this title or another noncharitable purpose as provided in § 14.5–408 of this title has the rights of a qualified beneficiary under this title.    (d)    The State’s Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having the principal place of administration of the charitable trust in this State.