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Session Laws, 1973
Volume 709, Page 1351   View pdf image
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Ch. 651                             MARVIN MANDEL, Governor                                1351

5-104.

(b) Letters shall not be granted to a person who, at the time any determination
of priority is made, has filed with the register a declaration in writing that he
renounces his right to administer or is

(1)    Under the age of [twenty-one] EIGHTEEN YEARS;

(2)    Mentally incompetent;

(3)    Convicted of a serious crime;

(4)    Not a citizen of the United States;

(5)    Any full-time judge of any court established under the laws of Maryland
or the United States, any judge of any orphans' or pro-bate court, or any clerk of court
or register, excluding [[magistrates or]] federal commissioners, unless he is the
surviving spouse or is related to the decedent within the third degree; or

(6)    A nonresident of this State, unless there shall be on file with the register
an irrevocable designation by him of an appropriate person who resides in this State
on whom service of any process may be made in like manner and with like effect as if
it were served personally in this State on such nonresident.

9-109.

(a)  Whenever money is distributable by a personal representative to a [minor]
PERSON UNDER EIGHTEEN YEARS OF AGE and there is no legally
appointed and qualified guardian of the property of the minor, the court may order
that such cash shall be deposited in any banking institution or insured savings and
loan association formed under the laws of this State or in this State under the laws
of the United States to be named in the order, in which it may draw interest, in
the name of the minor, subject to the further order of the court. The personal
representative shall deliver the account book to such person (including the register)
as the personal representative with the approval of the court deems responsible and
appropriate. When the minor reaches the age of [21] 18 or a guardian is
appointed the funds so deposited and the account book shall be delivered to the
minor, or to such guardian.

(b)   In addition to the procedures in subsection (a), whenever a personal
representative is required to distribute any property included within the definition
of "custodial property" as defined in Article 93A, Section 301(e) the personal
representative, with the approval of the court, may transfer such property to a
custodian who shall hold or dispose of the property in accordance with the
provisions of the Maryland Uniform Gifts to Minors Act. The personal
representative shall, subject to the approval of the court, designate the custodian,
who shall be an adult, a guardian of the [minor] PERSON UNDER
EIGHTEEN YEARS OF AGE, or a trust company as defined in Article 93A,
Section 301 (a), (h) and (p).

(c)    Whenever a personal representative must distribute tangible personal
property to a [minor) PERSON UNDER EIGHTEEN YEARS OF AGE and
there is no guardian of the minor, the personal representative may distribute the
same to such person as the personal representative with the approval of the court,
deems responsible and appropriate, and under the conditions set forth in the order
of the court.

(d)  Where a guardian has been appointed for a [minor] PERSON UNDER
EIGHTEEN YEARS OF AGE, payment may be made to such guardian upon the
filing of an authenticated copy of his authority pursuant to 28 U.S.C.A. Sec. 1738.

(e)   In addition to the procedures set forth above, the personal representative

 

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Session Laws, 1973
Volume 709, Page 1351   View pdf image
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