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Session Laws, 1969
Volume 692, Page 72   View pdf image
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72                                     LAWS OF MARYLAND                             [CH. 3

10 103 10-102. Liability of heir or legatee to creditor.

After an estate has been closed, a claim not barred may be prose-
cuted against one or more of the persons to whom property has been
distributed. No heir or legatee shall be liable to claimants for
amounts in excess of the value of his distribution, valued at the time
of distribution or the time of filing suit, whichever is lower. Any
such heir or legatee shall have a right of contribution against other
heirs and/or legatees; and as between them each shall bear the cost
of satisfaction of unbarred claims as if the claim had been satisfied
before distribution.

10-104 10-103. Limitations.

(a)    Proceedings against personal representative. If no action
or proceeding involving the personal representative is pending one
year after the termination of the appointment of the personal
representative pursuant to Section 10-101 or Section 10 102, the
personal representative shall be discharged from any claim or de-
mand of any interested person. The rights so barred do not include
rights to recover from a personal representative for fraud, material
mistake or substantial irregularity.

(b)    Claims against heirs and legatees. The right of any person
seeking to recover property improperly distributed, or the value
thereof, from any person to whom property has been distributed shall
be forever barred at the later of:

(1)    3 years from the decedent's death, or

(2)    one year from the time of distribution thereof.

This Section shall not bar recovery of property or the value thereof
received as the result of his participation and fraudulent distribu-
tion.

10-105 10-104. Subsequent administration.

If other property is discovered after an estate has been closed
and the appointment of the personal representative has been ter-
minated pursuant to Section 10-101 or Section 10 102, the Court,
upon petition of any interested person and upon such notice as it
may direct, may appoint the same or a successor personal represen-
tative and make any other appropriate order. Any further proceed-
ings shall be conducted pursuant to such provisions of this Article
as may be applicable, but no claim previously barred may be asserted
in the reopened administration.

10 106 10-105. Confirmatory acts.

Nothing in this Subtitle shall be deemed to affect the authority of
a personal representative to perform ministerial or confirmatory
acts after an estate is closed.


 

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