reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 1 - General Provisions › Section 13-105 - Jurisdiction

(a)    (1)    The orphans’ courts and the circuit courts have concurrent jurisdiction over guardians of the person of a minor and over protective proceedings for minors.
(2)    Upon petition of an interested person, a matter initiated in the orphans’ court may be transferred to the circuit court.
(b)    Subject to Title 13.5 of this article, the circuit courts have exclusive jurisdiction over protective proceedings for disabled persons.
(c)    (1)    An orphans’ court may exercise jurisdiction over guardianship of the person of a minor if the presiding judge of the orphans’ court is a member of the bar, regardless of whether the minor who is the subject of the petition for guardianship of the person has property, may inherit property, or is destitute.
(2)    An orphans’ court that exercises jurisdiction or is requested to exercise jurisdiction under this subsection may:
(i)    Transfer the matter to the circuit court on a finding that the best interests of the child require utilization of the equitable powers of the circuit court; and
(ii)    Waive the costs, if any, of a transfer under this paragraph.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 1 - General Provisions › Section 13-106 - Orphans' Court

(a)    An orphans’ court has full power to secure the rights of a minor whose estate is being administered by a guardian under its jurisdiction.
(b)    (1)    The orphans’ court, under the pretext of incidental power or constructive authority, may not exercise jurisdiction not expressly conferred by law.
(2)    The orphans’ court is governed by the provisions of §§ 2–102 through 2–105 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 1 - General Provisions › Section 13-107 - Register of Wills

If appropriate to proceedings under this title, the powers and duties of the register of wills in proceedings in the orphans’ court are the same as the powers and duties of the registers under Title 2, Subtitle 2 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-201 - Appointment of Guardian

(a)    On petition, and after any notice or hearing prescribed by law or the Maryland Rules, the court may appoint a guardian of the property of a minor or a disabled person.
(b)    A guardian shall be appointed if the court determines that:
(1)    A minor owns or is entitled to property that requires management or protection; or
(2)    Funds are needed for the minor’s support, care, welfare, and education and protection is necessary or desirable to obtain or provide funds.
(c)    A guardian shall be appointed if the court determines that:
(1)    The person is unable to manage effectively the person’s property and affairs because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance; and
(2)    The person has or may be entitled to property or benefits which require proper management.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-203 - Preservation and Application of Property

(a)    (1)    While a petition for appointment of a guardian or other protective order is pending, the court may preserve and apply the property of the alleged disabled person or minor as may be required.
(2)    The court need not give notice to other persons.
(b)    (1)    The court may not exercise the power conferred by subsection (a) of this section unless it appears from specific facts shown by affidavit that immediate, substantial, and irreparable injury will result to the applicant or to the minor or disabled person before an adversary hearing can be held.
(2)    The court may communicate informally with the minor or disabled person before taking action.
(3)    Any order shall be served immediately on the minor or disabled person.
(c)    (1)    Except for the limitations contained in § 13–106 of this title, after appointment of the guardian, the court has all the powers over the property of the minor or disabled person that the person could exercise if not disabled or a minor.
(2)    The powers that a circuit court has under paragraph (1) of this subsection include the power to authorize or direct the guardian to:
(i)    Make gifts from the principal and income of the estate; and
(ii)    Disclaim on behalf of the minor or disabled person, in whole or in part, the right of succession or transfer to that person of any property or interest in any property.
(3)    The powers that a circuit court has under paragraph (2) of this subsection are in addition to and may not limit the power:
(i)    Conferred upon the guardian to make distributions under § 13–214 of this subtitle; and
(ii)    Conferred upon the guardian or the circuit court, without appointing a guardian, to disclaim or authorize or direct a disclaimer on behalf of a minor or disabled person under § 9–201(c) of this article.
(d)    A guardian or any other interested person may invoke the jurisdiction of the court at any time to resolve questions concerning the estate or its administration.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-204 - Authorization of Specific Transaction Without Appointment of Guardian

(a)    (1)    If a basis exists as described in § 13–201 of this subtitle for assuming jurisdiction over the property of a minor or disabled person, the circuit court, without appointing a guardian, may authorize or direct a transaction with respect to the property, service, or care arrangement of the minor or disabled person.
(2)    The transactions described under paragraph (1) of this subsection include:
(i)    Payment, delivery, deposit, or retention of funds or property;
(ii)    Sale, mortgage, lease, or other transfer of property;
(iii)    Purchase of contracts for an annuity, life care, training, or education;
(iv)    Making the election to take an elective share of an estate subject to election under § 3–403 of this article; or
(v)    Any other transaction described in:
1.    § 13–203(c)(2) of this subtitle;
2.    Title 9, Subtitle 2 of this article; or
3.    § 15–102 of this article.
(b)    Before approving a transaction or arrangement under this section, the court shall consider the interests of creditors and dependents of the minor or disabled person and whether the property of the minor or disabled person needs the continuing protection provided by a guardian.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-206 - Guardian Generally

(a)    Subject to the provisions of § 13-207 of this subtitle, the court may appoint as guardian of the estate of a minor or disabled person:
(1)    Any individual;
(2)    Any trust company; or
(3)    Any other corporation authorized by law to serve as a trustee.
(b)    The appointed guardian shall qualify by filing any required bond.
(c)    (1)    (i)    The appointment and qualification of a guardian vests in the guardian title to all property of the minor or protected person that is held at the time of appointment or acquired later.
(ii)    The appointment is not a transfer or alienation within the meaning of any federal or State statute or regulation, insurance policy, pension plan, contract, will, or trust instrument that imposes restrictions on or penalties for transfer or alienation by the minor or disabled person of the minor or disabled person’s rights or interest.
(iii)    A guardian shall utilize powers conferred by this subtitle to perform services, exercise discretion, and discharge the guardian’s duties for the best interest of the minor or disabled person or the minor or disabled person’s dependents.
(2)    If a trust company is appointed guardian, a court may order any money paid to the court for the benefit of the minor or disabled person to be deposited with the trust company.
(d)    The guardian is the statutory agent of the minor or disabled person for the purpose of filing all government reports and returns.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-207 - Persons Entitled to Appointment as Guardian

(a)    Persons are entitled to appointment as guardian for a minor or disabled person according to the following priorities:
(1)    A conservator, committee, guardian of property, or other like fiduciary appointed by any appropriate court of any foreign jurisdiction in which the minor or disabled person resides;
(2)    A person or corporation nominated by the minor or disabled person if:
(i)    The designation was signed by the minor or disabled person when the minor or disabled person was at least 16 years old; and
(ii)    In the opinion of the court, the minor or disabled person had sufficient mental capacity to make an intelligent choice at the time the designation was executed;
(3)    The minor or disabled person’s spouse;
(4)    The minor or disabled person’s parents;
(5)    A person or corporation nominated by the will of a deceased parent;
(6)    The minor or disabled person’s children;
(7)    The persons who would be the minor or disabled person’s heirs if the minor or disabled person were dead;
(8)    A person or corporation nominated by a person, institution, organization, or public agency that is caring for the minor or disabled person;
(9)    A person or corporation nominated by a governmental agency that is paying benefits to the minor or disabled person; and
(10)    Any other person considered appropriate by the court.
(b)    (1)    A person specified in a priority in subsection (a)(1), (3), (4), (6) or (7) of this section may waive and nominate in writing a person or corporation to serve in the specified person’s stead.
(2)    A nominee of a person holding a priority has the same priority as the person making the nomination.
(c)    (1)    Among persons with equal priority, the court shall select the one best qualified of those willing to serve.
(2)    For good cause the court may pass over a person with priority and appoint a person with less priority or no priority.
(d)    (1)    Subject to paragraph (2) of this subsection, nonresidence does not disqualify any person from serving as guardian.
(2)    Any nonresident who is appointed cannot qualify until the nonresident files with the register or clerk an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident.
(e)    The court may not name an official or employee of a local department of social services, the State Department of Human Services, a local area agency on aging as defined in § 10–101 of the Human Services Article, or the Department of Aging as guardian of the estate.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-208 - Bond of Guardian

(a)    Where the instrument nominating a guardian excuses a noncorporate guardian from furnishing bond, the court shall not require a bond unless exceptional circumstances are shown to exist which make it necessary to require a bond for the safety of those interested in the administration of the estate.
(b)    A corporate guardian shall not be required to furnish bond.
(c)    In the case of a noncorporate guardian, including a substituted or successor or reinstated guardian nominated by the court or nominated under an instrument which is silent as to bond, the court may, subject to subsection (d) of this section, require a bond if, in its discretion, it finds it necessary for the safety of those interested in the administration of the estate.
(d)    In a guardian estate consisting entirely of cash, deposited as provided in the rules, securities or real property, or any combination of them which cannot be transferred by the guardian without the approval of the court, not exceeding $10,000, the court shall not require a guardian to furnish or continue in effect a bond, unless exceptional circumstances are shown to exist.
(e)    (1)    The penalty of the bond may not be greater than the aggregate value of the property of the estate under the control of the guardian, less the value of securities or money deposited in a financial institution as defined in § 13–301(h) of this title under arrangements requiring an order of the court for their removal, and the value of any land which the guardian, by express limitation of power, lacks power to sell or convey without court authorization.
(2)    The court may, in lieu of sureties on a bond, accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.
(3)    The court may at any time, subject to the maximum penalty provided by this section, require the amount of the bond, or the type or value of security, to be changed.
(4)    The approval of a new bond may not discharge a bond filed previously from any liability which may have accrued before approval.
(f)    The terms of any bond shall be as provided by the Maryland Rules.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-209.1 - Form and Limits of Guardianship Accounts

(a)    (1)    Subject to paragraph (2) of this subsection, a guardian of the property of a minor or disabled person may petition the court to deposit cash belonging to the minor or disabled person in an amount not exceeding $200,000 into a single restricted account.
(2)    (i)    If the amount of cash belonging to a minor or disabled person exceeds $200,000, any excess amount shall be deposited into additional restricted accounts.
(ii)    The amount deposited in an additional restricted account under subparagraph (i) of this paragraph may not exceed $200,000.
(iii)    The aggregate amount deposited in any financial institution may not exceed $200,000.
(b)    A deposit under subsection (a) of this section may be made into any type of account, including a certificate of deposit, in a financial institution that:
(1)    Accepts deposits; and
(2)    (i)    Is federally insured; or
(ii)    Is regulated by the Commissioner of Financial Regulation.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-210 - Petition for Orders Granting Relief

(a)    An interested person may file a petition for an order:
(1)    Requiring bond, security, additional bond, or security in an estate where bond can be required;
(2)    Requiring an accounting of the administration of the estate;
(3)    Directing distribution;
(4)    Removing the guardian and appointing a successor guardian; or
(5)    Granting other appropriate relief.
(b)    A guardian may petition the appointing court for permission to act in any matter relating to the administration of the estate.
(c)    Upon hearing after notice and upon good cause shown, the court may issue an appropriate order.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-211 - Procedure in Protective Proceedings

(a)    (1)    There shall be no jury trial in protective proceedings.
(2)    Procedures for notice to interested persons, the forms of petitions, and the conduct of and requirements at hearings are as provided in the Maryland Rules.
(b)    (1)    Unless the alleged disabled person has chosen counsel, the court shall appoint an attorney to represent the alleged disabled person in the proceeding.
(2)    If the alleged disabled person is indigent, the State shall pay a reasonable attorney’s fee.
(3)    In any action in which payment for the services of a court–appointed attorney for the alleged disabled person is the responsibility of the local department of social services, unless the court finds that it would not be in the best interests of the alleged disabled person, the court shall:
(i)    Appoint an attorney who has contracted with the Department of Human Services to provide those services, in accordance with the terms of the contract; and
(ii)    In an action in which an attorney has previously been appointed, strike the appearance of the attorney previously appointed and appoint the attorney who is currently under contract with the Department of Human Services, in accordance with the terms of the contract, unless the previously appointed attorney is willing to accept the same fee and the court does not find a conflict of interest.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-212 - Degree of Care and Skill of Guardian

A guardian shall exercise the care and skill of a person of ordinary prudence dealing with the person’s own property in the administration of the estate and the exercise of the guardian’s powers.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-213 - Powers

All the provisions of § 15–102 of this article with respect to the powers of a fiduciary and the manner of exercise of those powers and Title 15, Subtitle 6 of this article are applicable to a guardian.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-215 - Limitation of Powers of Guardian Imposed by Will or Court

(a)    Any limitation on the powers of a guardian contained in a will or other instrument which nominated a guardian should ordinarily be imposed by the court on the guardian.
(b)    If the court limits any power conferred on the guardian by § 13–214 of this subtitle or § 15–102 of this article, the limitation shall be endorsed on the letters of appointment.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-216 - Liability for Breach of Fiduciary Duties; Rights of Purchasers

(a)    If the exercise of a power is improper, the guardian is liable for breach of the guardian’s fiduciary duty to the minor or disabled person or to interested persons for resulting damage or loss to the same extent as a trustee of an express trust.
(b)    The rights of purchasers and others dealing with a guardian shall be determined as provided in § 13–219 of this subtitle and are not necessarily affected by the guardian’s breach of fiduciary duty in the transaction.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-217 - Recording

(a)    (1)    Letters of guardianship may be recorded in the land records of the county of residence of the minor or disabled person and of any other county where there is real estate in which the estate has an interest.
(2)    The recordation has the same effect as notice as recording a conveyance from the minor or disabled person to the guardian.
(b)    Orders of the court modifying or terminating letters of guardianship or authorizing making a conveyance or doing any other act with respect to interests in real estate constituting part of the estate may be recorded in a similar manner and with similar effect.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-218 - Compensation and Expenses of Guardian

(a)    (1)    Except in unusual circumstances and as provided in subsection (b) of this section, the guardian is entitled to the same compensation and reimbursement for actual and necessary expenses as the trustee of a trust.
(2)    No petition or hearing is required to entitle the guardian to compensation and expenses.
(3)    On the petition of any interested person and on a finding by the court that unusual circumstances exist, the court may increase or decrease compensation.
(b)    If the guardian is appointed as the guardian of a disabled person who is a recipient of long–term care services and supports under the Maryland Medical Assistance Program and whose income is subject to § 15–122.3 of the Health – General Article, the guardian is not entitled to receive more than $50 per month in compensation unless the court makes a finding that unusual circumstances exist.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-219 - Protection of Person Dealing With Guardian

(a)    In the absence of actual knowledge or of reasonable cause to inquire whether the guardian is improperly exercising the guardian’s power, a person dealing with the guardian need not inquire whether the guardian is exercising it properly, and is protected as if the guardian properly exercised the power, except that every person is charged with actual knowledge of any limitations endorsed on the letters of guardianship.
(b)    A person need not see to the proper application of estate assets paid or delivered to a guardian.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-220 - Termination of Appointment of Guardian

(a)    The appointment of a guardian terminates when the guardianship terminates under § 13–221 of this subtitle and may be terminated sooner by the guardian’s death, disability, resignation, or removal.
(b)    Termination of appointment of a guardian has the effects provided in this section.
(c)    (1)    (i)    Termination ends the right and power pertaining to the office of guardian.
(ii)    Unless otherwise ordered by the court, a guardian whose appointment has been terminated shall perform acts necessary to protect the estate and deliver the property to the successor guardian.
(2)    Subject to the provisions of the Maryland Rules, termination does not discharge a guardian from liability for transactions or omissions occurring before termination, or relieve the guardian of the duty to preserve, account for, and deliver to a successor property subject to the guardian’s control.
(3)    All lawful acts of a guardian before the termination of appointment shall remain valid and effective.
(d)    (1)    The death of a guardian or the decree of a court of competent jurisdiction that a guardian is under legal disability shall terminate the guardian’s appointment.
(2)    The personal representative of a deceased guardian or the person appointed to protect the estate of a guardian under legal disability shall:
(i)    Have the duty to protect property belonging to the estate being administered by the deceased or disabled guardian;
(ii)    Have the power to perform acts necessary for the protection of property;
(iii)    Immediately account for and deliver the property to a successor guardian; and
(iv)    Apply immediately to the court for the appointment of a successor guardian to carry on the administration of the estate which was being administered by the deceased or disabled guardian in accordance with the Maryland Rules.
(e)    A guardian who desires to resign the guardian’s office may do so in accordance with the provisions of the same Maryland Rules by which a fiduciary may resign the fiduciary’s office.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-221 - Judicial Proceedings for Termination

(a)    The minor or disabled person, the minor’s or disabled person’s personal representative, the guardian, or any other interested person may petition the court to terminate the guardianship proceedings.
(b)    A guardianship proceeding shall terminate on:
(1)    The cessation of the minority or disability;
(2)    The death or presumptive death of the minor or disabled person;
(3)    Transfer of all the assets of the estate to a foreign fiduciary; or
(4)    Other good cause for termination as may be shown to the satisfaction of the court.
(c)    Termination and final distribution of the estate of a former minor or disabled person shall be made in compliance with the provisions of the Maryland Rules, applying to a fiduciary.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 2 - Protection of Property › Section 13-222 - Powers of Foreign Fiduciaries

(a)    (1)    A guardian, conservator, committee, or other similar fiduciary, appointed by the appropriate court of another jurisdiction to manage the property of a protected person who is a resident of that jurisdiction, may exercise in the State all powers of the office, including the power to:
(i)    Sell, purchase, or mortgage real estate in the State; and
(ii)    Collect, receipt for, take possession of, and remove to the other jurisdiction:
1.    Money due;
2.    Tangible personal property; or
3.    An instrument evidencing a debt, an obligation, a stock, or a chose in action located in the State.
(2)    Subject to any statute or rule relating to nonresidents, the guardian, conservator, committee, or other similar fiduciary, appointed by the appropriate court of another jurisdiction, may sue and be sued in the State.
(b)    Before receiving actual notice of the pendency of a guardianship proceeding in the State, a person who has changed the person’s position by relying on the powers granted by this section may not be prejudiced by the pendency of the proceeding.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Adult” means an individual who has attained the age of 21 years.
(c)    “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.
(d)    “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions.
(e)    “Court” means a circuit court, an orphans’ court, or a court exercising the jurisdiction of an orphans’ court.
(f)    “Custodial property” means:
(1)    Any interest in property transferred to a custodian under this subtitle; and
(2)    The income from and proceeds of that interest in property.
(g)    “Custodian” means a person so designated under § 13-309 of this subtitle or a successor or substitute custodian designated under § 13-318 of this subtitle.
(h)    “Financial institution” means a bank, trust company, savings institution, or credit union chartered and supervised under State or federal law.
(i)    “Legal representative” means an individual’s personal representative or conservator.
(j)    “Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(k)    “Minor” means an individual who has not attained the age of 21 years.
(l)    “Person” means an individual, corporation, organization, or other legal entity.
(m)    “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.
(n)    “Qualified minor’s trust” means a trust, including a trust created by a custodian for the use and benefit of a minor:
(1)    Of which a minor is the sole beneficiary during the minor’s lifetime; and
(2)    That meets the requirements of § 2503(c) of the Internal Revenue Code and the regulations implementing that section.
(o)    “State” includes any state 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.
(p)    “Transfer” means a transaction that creates custodial property under § 13-309 of this subtitle.
(q)    “Transferor” means a person who makes a transfer under this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-302 - Law Governing

(a)    This subtitle applies to a transfer that refers to the Maryland Uniform Transfers to Minors Act in the designation under § 13–309(a) of this subtitle by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this State or the custodial property is located in this State.
(b)    The custodianship created remains subject to this subtitle despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this State.
(c)    A person designated as custodian under this subtitle is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship.
(d)    A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this State if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-303 - Contingent Transfers

(a)    A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”.
(b)    The nomination may name 1 or more persons as substitute custodians to whom the property must be transferred, in the order named, if the 1st nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve.
(c)    The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(d)    A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 13-309(a) of this subtitle.
(e)    (1)    The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under § 13-309 of this subtitle.
(2)    Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 13-309 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-304 - Irrevocable Transfer to Custodian by Individual

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 13-309 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-305 - Irrevocable Transfer by Personal Representative or Trustee

(a)    A personal representative or trustee may make an irrevocable transfer pursuant to § 13-309 of this subtitle to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b)    If the testator or settlor has nominated a custodian under § 13-303 of this subtitle to receive the custodial property, the transfer must be made to that person.
(c)    If the testator or settlor has not nominated a custodian under § 13-303 of this subtitle, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 13-309(a) of this subtitle.