reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-107 - Allowance of Claim

(a)    If a personal representative intends to disallow, in whole or in part, a claim that has been presented within the appropriate time and in the form prescribed in § 8–104(b) or (c) of this subtitle, the personal representative shall mail notice to each claimant stating:
(1)    That the claim has been disallowed in whole or in a stated amount; or
(2)    That the personal representative will petition the court to determine whether the claim should be allowed.
(b)    (1)    If the claim is disallowed in whole or in a stated amount, the claimant is forever barred to the extent of the disallowance unless the claimant files a petition for allowance in the court or commences an action against the personal representative or against one or more of the persons to whom property has been distributed.
(2)    The action shall be commenced within 60 days after the mailing of notice by the personal representative.
(3)    The notice shall warn the claimant concerning the time limitation.
(c)    (1)    If no action is taken by the personal representative disallowing a claim in whole or in part under subsection (a) of this section, on the petition of the personal representative or a claimant, the court shall allow or disallow in whole or in part a claim or claims presented to the personal representative or filed with the register in due time and not barred by subsection (a) of this section.
(2)    Notice in this proceeding shall be given to the claimant, the personal representative, and interested persons as the court directs by order entered at the time the proceeding is commenced.
(d)    A judgment in an action against a personal representative to enforce a claim against the estate of a decedent is an allowance of the claim.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-108 - Payment of Claim

(a)    (1)    On the expiration of 6 months from the date of the decedent’s death, the personal representative shall pay the claims allowed against the estate in the order of priority prescribed in § 8–105 of this subtitle.
(2)    The court may extend the time for payment for good cause shown.
(3)    A person with a valid unbarred claim or with a valid unbarred judgment who has not been paid may petition the court for an order directing the personal representative to pay the claim to the extent that funds of the estate are available for payment.
(b)    The personal representative may pay, at any time, a just claim that has not been barred, with or without formal presentation, but the personal representative is personally liable to another claimant whose claim is allowed and who is injured by the payment if:
(1)    The payment was made before the expiration of the time limit stated in subsection (a) of this section and the personal representative failed to require the payee to give adequate security to refund any part of the payment necessary to pay other claimants; or
(2)    The payment was made in a manner to deprive the injured claimant of the claimant’s priority as a result of negligence or willful fault of the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-109 - Liability of Personal Representative

(a)    The individual liability of a personal representative to third parties arising from the administration of the estate is that of an agent for a disclosed principal, as distinguished from the personal representative’s fiduciary accountability to the estate.
(b)    A personal representative is not individually liable on contracts properly entered into in the personal representative’s fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be.
(c)    A personal representative is not individually liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault.
(d)    Claims based on contracts, obligations, and torts of the types described in subsections (b) and (c) of this section may be allowed against the estate whether or not the personal representative is individually liable.
(e)    The individual liability of the personal representative to third parties arising from the administration of the estate may be determined in the same proceeding in which a claim by the third party against the estate is considered.
(f)    If there is doubt whether a claim should be allowed against the estate or against the personal representative as an individual, or both, a court in which a proceeding to enforce the claim is pending shall direct that notice be given to all interested persons and all creditors whose interests will be affected by the result and shall give them an opportunity to be heard.
(g)    When the court allows a claim against the personal representative individually, the allowance has the same effect as a judgment against the personal representative.
(h)    (1)    A personal representative may appoint a meeting of creditors whose claims have been filed under the provisions of § 8–104(b) or (c) of this subtitle on a day designated by order of the court.
(2)    Written notice of the time, date, place, and purpose of the meeting shall be given at least 10 days before the date of the meeting.
(3)    The approval of part or all of the claims of creditors represented at the meeting shall be made under the direction and control of the court, and the payment of a claim as approved by court order shall protect and indemnify the personal representative acting in obedience to it.
(4)    A court order issued under paragraph (3) of this subsection is subject to appeal.
(i)    An action may not be brought to charge a personal representative on any special promise to answer damages out of the personal representative’s own estate, unless the contract or agreement on which the action is brought, or some memorandum or note of it, is in writing and signed by the party to be charged, or some other person lawfully authorized by the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-110 - Claim Not Yet Due

(a)    On proof of an unsecured claim that will become due at some future time, and that has not been compromised pursuant to § 7–401 of this article or authority conferred by the will, the court shall direct the investment of an amount that will provide for the payment of the claim when it becomes due.
(b)    When a creditor holds a security for an allowable claim due at some future time the creditor may rely on the creditor’s rights under § 8–111 of this subtitle or may file a claim as an unsecured claim not yet due, with the right of withdrawing the claim before the taking of action on it, and rely on the creditor’s rights as provided in § 8–111 of this subtitle after the withdrawal.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-111 - Secured Claim

(a)    (1)    Payment of a secured claim shall be on the basis of the full amount if the creditor shall surrender the creditor’s security.
(2)    If payment is not made on the basis described in paragraph (1) of this subsection, it shall be made as provided in subsection (b) or (c) of this section.
(b)    If during administration, the creditor exhausts the security before receiving payment, the creditor is entitled to the full amount of the creditor’s allowed claim less the amount realized on exhausting the security.
(c)    If the creditor has not then exhausted, or does not have the right to exhaust the creditor’s security, the creditor is entitled to the full amount of the creditor’s allowed claim less the value of the security determined by agreement, or as the court determines.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-112 - Contingent Claim

(a)    (1)    If a contingent claim becomes absolute before the distribution of the estate, the contingent claim shall be paid in the same manner as absolute claims of the same class.
(2)    In other cases, if a petition is filed with the court by the personal representative or the claimant, the court may provide for payment in the manner provided in subsections (b), (c), (d), or (e) of this section.
(b)    The creditor and personal representative may determine, by agreement, arbitration, or compromise, the value of the claim according to its probable present worth, and, on approval by the court, the value of the claim may be allowed and paid in the same manner as an absolute claim.
(c)    The court may order the personal representative to make distribution of the estate except for sufficient funds retained to pay the claim if and when it becomes absolute.
(d)    (1)    The court may order distribution of the estate as though the contingent claim did not exist, but the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim becomes absolute.
(2)    The court may require the distributees to give bond for the satisfaction of their liability to the contingent creditor.
(e)    The court may order another method.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-114 - Execution and Levy Prohibited

(a)    An execution or a levy may not issue nor be made against property of the estate under a judgment against a decedent or a personal representative.
(b)    The provisions of this section do not apply to the enforcement of mortgages, pledges, liens, or other security interests on property in an appropriate proceeding.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › Section 8-115 - Exemption of Proceeds of Life Insurance and Other Benefits

The proceeds of a life insurance policy, annuity contract, or any money payable by a fraternal benefit society are exempt from claims in accordance with the provisions of §§ 8-431 and 16-111 of the Insurance Article.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-102 - Renunciation by Testamentary Trustee

(a)    A trustee appointed by will to execute a trust contained in it may decline to accept the appointment by filing a statement of renunciation with the register of the county in which the will is admitted to probate before the trustee receives property or performs an act pursuant to the trust.
(b)    (1)    Unless the will provides otherwise, the trust shall thereafter be administered as if the trustee had not been appointed.
(2)    The renunciation may not be construed to release or impair the right of the person to a legacy under the will by which the person was appointed trustee, unless the legacy is expressly declared in the will to be compensation for the person’s services as trustee.
(c)    Unless the will provides otherwise, in all cases not provided for in this section, a trustee may renounce or resign the trustee’s trust only in accordance with the Maryland Rules.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-103 - Order in Which Assets Appropriated; Abatement

(a)    In this section, “legacy” or “legacies” does not include assets passing by the exercise of the decedent of a testamentary power of appointment.
(b)    (1)    Unless a contrary intent is expressed in the will and except as provided in §§ 3–208 and 3–303 of this article and subsection (c) of this section, shares of legatees abate without preference or priority as between real and personal property, in the following order:
(i)    Property not disposed of by the will;
(ii)    Residuary legacies;
(iii)    General legacy, other than items (iv), (v), and (vi) of this paragraph;
(iv)    General legacy to dependents of testator;
(v)    General legacy to creditor of testator in satisfaction of a just debt;
(vi)    General legacy to surviving spouse of testator; and
(vii)    Specific and demonstrative legacies.
(2)    Abatement within each classification is in proportion to the amounts of property each of the legatees or heirs would have received, had full distribution of the property been made in accordance with the terms of the will.
(c)    When the subject matter of a preferred legacy is sold or used as an incident to administration, appropriate adjustments in, or contributions from, other interests in the remaining assets shall be effected.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-104 - Distribution in Kind

(a)    Subject to the terms of the will and the needs of administration, the assets of the estate of a decedent shall be distributed in kind to the extent possible through application of the provisions of this section.
(b)    A specific legatee shall receive distribution of the legacy given to the specific legatee.
(c)    A family allowance or that part of an intestate share, statutory share, or legacy that is otherwise payable in cash may be satisfied by value in kind provided:
(1)    The person entitled to the payment has not demanded payment in cash;
(2)    The property distributed in kind is valued at fair market value as of the date of its distribution; and
(3)    A residuary legatee has not requested that the asset in question remain a part of the residue of the estate.
(d)    (1)    When there is no objection to the proposed distribution, or when it is practicable to distribute undivided interests, the residuary estate shall be distributed in kind.
(2)    In other cases, residuary property may be converted into cash for distribution.
(e)    (1)    After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution.
(2)    If not waived in writing, the right of a distributee to object to the proposed distribution terminates if the distributee fails to object in writing received by the personal representative within 30 days after mailing or delivery of the proposal.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-105 - Execution and Delivery of Evidence of Title

(a)    When distribution in kind is made, the personal representative shall execute and deliver an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the title of the distributee to the property.
(b)    Costs payable as a condition of the recordation of a deed shall be paid by the estate.
(c)    (1)    In this subsection, “consideration” does not include the amount of any obligation under a mortgage or deed of trust encumbering the transferred property.
(2)    A recordation tax, transfer tax, or any other State or local excise tax may not be imposed on the transfer by a personal representative of property or an interest in property without consideration or on the recordation of an instrument executed by a personal representative that transfers property or an interest in property without consideration.
(d)    In addition to other indexing, any such deed recorded among the land records shall be indexed in the grantor index under the name of the decedent.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-106 - Effect of Distribution

(a)    With the exception that the personal representative shall recover the assets or their value if the distribution was improper, title of the distributees who receive from the personal representative an instrument or deed of distribution of assets in kind is conclusive against all persons interested in the estate.
(b)    (1)    Unless the distribution can no longer be questioned because of adjudication or limitations, a distributee of property improperly distributed is liable to return the property received if the distributee has it or its value.
(2)    If a distributee has disposed of property improperly distributed to the distributee, the distributee’s liability is the lower of the value of the property on the date of distribution or the value on the date of disposition.
(c)    (1)    If property distributed in kind is sold to a purchaser for value by a distributee who has received an instrument or deed of distribution from the personal representative, the purchaser takes good title free of claims of the estate and incurs no personal liability to the estate.
(2)    To be protected under paragraph (1) of this subsection, a purchaser need not inquire whether a personal representative acted properly in respect to a distribution in kind.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-107 - Partition for Purpose of Distribution

(a)    (1)    When two or more heirs or legatees are entitled to distribution of undivided interests in property of the estate, the personal representative or one or more of the heirs or legatees may petition the court before the formal or informal closing of the estate, to make partition.
(2)    After notice to the interested heirs or legatees and subject to the requirements of Title 14, Subtitle 7 of the Real Property Article, the court shall partition the property in the same manner as provided by law for civil actions of partition.
(b)    The court may direct the personal representative to sell property which cannot be partitioned without prejudice to the owners and cannot conveniently be allotted to one party.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-108 - Where Legatee Not Found, or Resides Outside United States

(a)    The personal representative shall pay over or transfer the money or property or its proceeds, as directed by order of court, to the board of education in the county where the letters were granted, and it shall be applied for the use of the public schools in such county, whenever it appears to the satisfaction of the court that:
(1)    The personal representative has been unable to contact an heir or legatee because of the personal representative’s lack of knowledge of the location of the heir or legatee and the court is satisfied that reasonable efforts have been made to locate the heir or legatee;
(2)    An heir or legatee is a nonresident of the United States and would not have the benefit of use or control at its full value of money or other property comprising the heir’s or legatee’s distributive share or legacy; or
(3)    Other special circumstances make it appear desirable that payment or delivery should be withheld because of national or international action affecting such money, property, value, or the full use and enjoyment of it.
(b)    (1)    If, after payment has been made to the board of education, a claim for refund is filed by the heir or legatee, or by the personal representative of the heir or legatee, the claimant is entitled to a refund, without interest, of the sum paid, or the proceeds from the sale of property if not in the form of cash when transferred to the board of education, or the fair market value at the time of transfer if not converted to cash.
(2)    A claim for refund under this subsection may not be filed after the later of:
(i)    3 years after the death of the decedent; or
(ii)    1 year after the time of distribution of the property.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-109 - Distribution to Minor

(a)    (1)    Whenever money is distributable by a personal representative to a minor and there is no judicially appointed guardian of the property of the minor, the court may order that the cash be deposited in a banking institution or insured savings and loan association formed under the laws of the State or in the State under the laws of the United States, in which it may draw interest, in the name of the minor, subject to the further order of the court.
(2)    The banking institution or association shall be named in the order.
(3)    The personal representative shall deliver the account book to the person or to such person, including the register, as the personal representative with the approval of the court, considers responsible and appropriate.
(4)    When the minor reaches the age of 18 or a guardian is appointed, the funds deposited and the account book shall be delivered to the minor, or to the guardian.
(b)    (1)    In addition to the procedures in subsection (a) of this section, whenever a personal representative is required to distribute property to a minor as defined in § 13–301(k) of this article, the personal representative, with the approval of the court, may transfer the property to a custodian who shall hold or dispose of the property in accordance with the provisions of the Maryland Uniform Transfers to Minors Act.
(2)    The personal representative shall, subject to the approval of the court, designate the custodian, who shall be an adult or a trust company.
(c)    Whenever a personal representative is required to distribute tangible personal property to a person under the age of 18 years and there is no guardian of the minor, the personal representative may distribute it to the person whom the personal representative, with the approval of the court, considers responsible and appropriate, and under the conditions set forth in the order of the court.
(d)    If a guardian has been appointed for a minor, payment may be made to the guardian on the filing of a copy of the guardian’s authority authenticated pursuant to 28 U.S.C. § 1738.
(e)    In addition to the procedures set forth in this section, the personal representative may make distribution to a minor in accordance with the provisions of § 13–501 of this article or the will.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 1 - General › Section 9-112 - Distribution by Court

(a)    (1)    If the personal representative cannot obtain agreement from all interested persons entitled to share in the distribution of the property, the personal representative may apply to the court to make distribution.
(2)    The court shall designate a day and direct the giving of notice to all interested persons concerned.
(3)    The court may appoint two disinterested individuals, not related to the interested persons to make an appropriate division for distribution, or recommend to the court a sale of part or all of the property, and the court shall direct the distribution it considers appropriate.
(b)    If a majority in relation to value fails to appear on the appointed day, or appear and object to the distribution suggested, or if the court considers a sale of part or all of the property more appropriate and advantageous, the personal representative shall make the sale or sales and divide the proceeds, together with unsold property, as the court directs.
(c)    If the personal representative has reason to believe that there may be one or more interested persons whose names or addresses are not known to the personal representative, or if it is not known to the personal representative if an interested person is still surviving, the personal representative may appoint a meeting of all interested persons to be held on a day the court designates.
(d)    (1)    The personal representative shall give notice to all interested persons known to the personal representative, and shall publish a notice of the meeting once a week in 3 successive weeks, in a newspaper of general circulation in the county of the personal representative’s appointment, stating the time, date, place, and purpose of the meeting which shall be held no sooner than 20 days after the first publication.
(2)    The personal representative shall also take other steps and make other efforts to learn the names and addresses of additional interested persons as the court considers appropriate under the circumstances.
(e)    (1)    On the date of the meeting, distribution of the net estate shall be made under the direction and control of the court.
(2)    Distribution by the personal representative in accordance with the direction of the court at the meeting protects and indemnifies the personal representative acting in obedience to it.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:
(1)    An annuity or insurance policy;
(2)    An account with a designation for payment on death;
(3)    A security registered in beneficiary form;
(4)    A pension, profit–sharing, retirement, or other employment–related benefit plan; or
(5)    Any other nonprobate transfer at death.
(c)    “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
(d)    “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.
(e)    “Disclaimer” means the refusal to accept an interest in or power over property.
(f)    “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(g)    “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
(h)    “Jointly held property” means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(i)    “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, governmental subdivision, governmental agency, governmental instrumentality, public corporation, legal entity, or commercial entity.
(j)    “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(k)    “Trust” means:
(1)    An express trust, charitable or noncharitable, whenever and however created; or
(2)    A trust created pursuant to a statute, judgment, or decree that requires that the trust be administered in the manner of an express trust.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-202 - Disclaimer in General

(a)    (1)    A person may disclaim in whole or in part any interest in or power over property, including a power of appointment.
(2)    A person may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b)    (1)    Except to the extent that a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim in whole or in part any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity.
(2)    A fiduciary may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c)    To be effective, a disclaimer must:
(1)    Be in writing or other record;
(2)    Declare the disclaimer;
(3)    Describe the interest or power disclaimed;
(4)    Be signed by the person making the disclaimer; and
(5)    Be delivered or filed in the manner provided in § 9-209 of this subtitle.
(d)    A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e)    A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 9-209 of this subtitle or when it becomes effective as provided in §§ 9-203 through 9-208 of this subtitle, whichever occurs later.
(f)    (1)    A disclaimer made under this subtitle is not a transfer, assignment, or release.
(2)    Creditors of the disclaimant have no interest in the property disclaimed.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-203 - Effect of Disclaimer

(a)    Except for a disclaimer under § 9-204 or § 9-205 of this subtitle, the following rules apply to a disclaimer of an interest in property.
(b)    The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or if the interest arose under the law of intestate succession, as of the time of the intestate’s death.
(c)    The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(d)    If the instrument does not contain a provision described in subsection (c) of this section, the following rules apply:
(1)    (i)    If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant died immediately before the time of distribution; or
(ii)    If by law or under the instrument the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution; or
(2)    If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(e)    On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-204 - Joint Holders

(a)    On the death of a holder of jointly held property, a surviving holder may disclaim in whole or in part, the greater of:
(1)    A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(2)    All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(b)    A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(c)    An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-206 - Holder Disclaiming Power of Appointment or Other Nonfiduciary Power

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1)    If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable;
(2)    If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power; and
(3)    The instrument creating the power is construed as if the power expired when the disclaimer became effective.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-207 - Disclaimer by Appointee of Power of Appointment or by Object or Taker in Default

(a)    A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b)    A disclaimer of an interest in property by an object or taker in default of an exercise of power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-208 - Fiduciaries -- Time of Taking Effect; Effectiveness as to Other Fiduciaries

(a)    If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b)    If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of power.
(c)    A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-210 - When Barred

(a)    A disclaimer is barred by a written waiver of the right to disclaim.
(b)    A disclaimer of an interest in property is barred if any of the following occurs before the disclaimer becomes effective:
(1)    The disclaimant accepts the interest sought to be disclaimed;
(2)    The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(3)    A judicial sale of the interest sought to be disclaimed occurs.
(c)    A disclaimer in whole or in part of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d)    A disclaimer in whole or in part of the future exercise of power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(e)    A disclaimer is barred or limited if so provided by law other than this subtitle.
(f)    (1)    A disclaimer of a power over property that is barred by this section is ineffective.
(2)    A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subtitle had the disclaimer not been barred.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-211 - Effect of Federal Laws and Regulations

If as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, any other successor statute, or regulations as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-212 - Filing, Recording, Registering

(a)    If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered.
(b)    Failure to file, record, or register the disclaimer does not affect its validity.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-213 - Unexercised Disclaimers Under Former Provisions

Except as otherwise provided in § 9-210 of this subtitle, an interest in or power over property existing on October 1, 2004, as to which the time for delivering or filing a disclaimer under law superseded by this subtitle has not expired, may be disclaimed after October 1, 2004.
2023 Maryland Statutes › Estates and Trusts › Title 9 - Special Provisions Relating to Distribution › Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act › Section 9-214 - Severability

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle that can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
2023 Maryland Statutes › Estates and Trusts › Title 10 - Closing Estates › Subtitle 1 - General › Section 10-101 - Effect of Final Approval of Final Account

(a)    (1)    The final approval of the final account automatically closes the estate.
(2)    If the final account so requests, it also automatically terminates the appointment of the personal representative.
(b)    (1)    If the appointment is not terminated by the final account, a personal representative may, after the time has passed for presenting claims which arose before the death of the decedent, petition the court for an order to terminate the personal representative’s appointment as personal representative.
(2)    After notice to all interested persons including creditors who have presented their claims and legatees who have not been paid in full, the court may enter an appropriate order if a written request for a hearing has not been filed within 20 days.
2023 Maryland Statutes › Estates and Trusts › Title 10 - Closing Estates › Subtitle 1 - General › Section 10-102 - Liability of Heir or Legatee to Creditor

(a)    After an estate has been closed, a claim not barred may be prosecuted against one or more of the persons to whom property has been distributed.
(b)    An heir or legatee shall not be liable to claimants for amounts in excess of the value of the heir’s or legatee’s distribution, valued at the time of distribution or the time of filing suit, whichever is lower.
(c)    (1)    An heir or legatee has a right of contribution against other heirs and legatees.
(2)    Between the heirs and legatees under paragraph (1) of this subsection, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied before distribution.
2023 Maryland Statutes › Estates and Trusts › Title 10 - Closing Estates › Subtitle 1 - General › Section 10-103 - Limitations

(a)    (1)    If no action or proceeding involving the personal representative is pending one year after the close of the estate pursuant to § 5-709 of this article or § 10-101 of this subtitle, the personal representative shall be discharged from any claim or demand of any interested person.
(2)    The rights so barred do not include rights to recover from a personal representative for fraud, material mistake, or substantial irregularity.
(b)    (1)    Except as provided in § 10–102 of this subtitle and § 7–308 of the Tax – General Article, the right of a person seeking to recover property improperly distributed, or the value of it, from a person to whom property has been distributed is forever barred at the later of:
(i)    Three years from the death of the decedent; or
(ii)    One year from the time of distribution of the property.
(2)    This subsection does not bar recovery of property or the value of it received as the result of the heir’s or legatee’s participation in a fraudulent distribution.
2023 Maryland Statutes › Estates and Trusts › Title 10 - Closing Estates › Subtitle 1 - General › Section 10-104 - Subsequent Administration

(a)    Except as provided in subsection (c) of this section, if property is discovered after an estate has been closed and the appointment of the personal representative has been terminated under § 10–101 of this subtitle, the court, on petition of an interested person and on any notice as the court may direct, may appoint the same or a successor personal representative and make other appropriate orders.
(b)    Further proceedings shall be conducted in accordance with the provisions of the estates of decedents law as may be applicable, but no claim previously barred may be asserted in the reopened administration.
(c)    (1)    Subject to paragraph (2) of this subsection, if a check payable to a decedent or the estate of a decedent for a sum not exceeding $1,000 is discovered after an estate is closed and the appointment of the personal representative has terminated under § 10–101 of this subtitle, on a verified petition made by an interested person, the court may enter an order authorizing the interested person to indorse and deposit the check into the interested person’s bank account for the limited purpose of distributing the funds in accordance with the will or, if the decedent died intestate, in accordance with Title 3, Subtitle 1 of this article.
(2)    (i)    Unless requested by an interested person, the court may enter an order under paragraph (1) of this subsection without a hearing.
(ii)    The court may not enter an order under paragraph (1) of this subsection if:
1.    The estate of the decedent was insolvent when it was closed;
2.    The check discovered after the estate was closed increases the value of the estate above the value that qualifies under § 5–601 of this article for administration as a small estate; or
3.    Any additional fees and inheritance taxes due as a result of the discovered check are not paid with the petition.
(iii)    The distribution of funds by an interested person under paragraph (1) of this subsection must be made within 60 days after the court’s order authorizing the distribution.
2023 Maryland Statutes › Estates and Trusts › Title 11 - Miscellaneous Rules › Subtitle 1 - General › Section 11-101 - Indestructibility of Contingent Remainders

(a)    Any contingent remainder arising under any will or inter vivos transfer shall be capable of taking effect, regardless of the determination of any preceding estate of freehold, in the same manner and in all respects as if the determination had not happened.
(b)    It is not necessary to appoint trustees to support the contingent remainder in order to prevent the destruction of it.
2023 Maryland Statutes › Estates and Trusts › Title 11 - Miscellaneous Rules › Subtitle 1 - General › Section 11-103 - Rule Against Perpetuities -- Limitations on Application

(a)    (1)    In applying the rule against perpetuities to an interest limited to take effect at or after the termination of one or more life estates in, or lives of, persons in being when the period of the rule commences to run, the validity of the interest shall be determined on the basis of facts existing at the termination of one or more life estates or lives.
(2)    In this section an interest which must terminate not later than the death of one or more persons is a “life estate” even though it may terminate at an earlier date.
(b)    If an interest would violate the rule against perpetuities as modified by subsection (a) of this section because the interest is contingent upon any person attaining or failing to attain an age in excess of 21, the age contingency shall be reduced to 21 as to all persons subject to the same age contingency.
(c)    This section shall apply to both legal and equitable interests.
2023 Maryland Statutes › Estates and Trusts › Title 11 - Miscellaneous Rules › Subtitle 1 - General › Section 11-104 - Rule in Shelley's Case Abolished

Whenever by any form of words in any will or inter vivos conveyance, a remainder is limited, mediately or immediately, to the heirs or heirs of the body of a person to whom a life estate in the same subject matter is given, the persons who on the termination of the life estate are then the heirs or heirs of the body of the tenant for life, take as purchasers by virtue of the contingent remainder limited to them.
2023 Maryland Statutes › Estates and Trusts › Title 11 - Miscellaneous Rules › Subtitle 1 - General › Section 11-105 - Death Benefits Payable to Trusts

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