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LAWS OF MARYLAND

Ch. 130

(a)  If the court declares that the person is dead, it
may terminate the guardianship proceedings pursuant to §
13-221 of the Estates AND TRUSTS Article.

(b)  Unless the court has terminated the guardianship
proceeding under subsection (a), the court, after a lapse of
five years from the appointment of a guardian or a lapse of
one year when the person has been missing for more than 20
years, may enter a decree declaring that all interest of the
absentee in his property has ceased, provided the absentee
has not appeared in the meantime. The court THEN shall [then
order the guardian to pay to the Absentee Insurance Fund the
amount prescribed in § 3-107 (a) and shall] terminate the
guardianship proceeding as if the absentee had died.

3-107.

[(a) After termination of the guardianship under §
3-106 (b), the court shall:

(1)  Deduct for the insurance fund a sum equal to
the percent of the total value of the property remaining,
including the amount paid to the absentee's personal
representative from policies of insurance on the absentee's
life; and

(2)  Direct its payment to the Treasurer of the
State.

(b)  The Treasurer shall keep the sum paid to him under
subsection (a) in the banks he considers proper and make a
separate accounting of it to the Comptroller.

(c)  The Treasurer shall from time to time prescribe
the rate to be charged for the insurance fund on the basis
of actuarial experience.

(d)  If at any time the absentee insurance fund
increases to an amount actuarially found to be in excess of
reasonable requirements, on application by the Treasurer the
court may authorize him to reduce the fund by an amount to
be paid into the general fund of the State treasury.]

3-108.

[(a)] An absentee who appears after the guardianship
has been terminated under § 3-106 may not bring an action to
recover any portion of his property from the distributees of
his estate. [He is limited to a claim for reimbursement from
the Absentee Insurance Fund.]

[(b) In a proceeding by the claimant against the
Treasurer, the court may order payment to the claimant of
that part of the accumulated fund from all sources as in the
court's opinion is fair and reasonable under all the
circumstances.]