MARVIN MANDEL, Governor                                     93

(C)   PAYMENT OF SURRENDER VALUE.

IN ANY PROCEEDING UNDER THIS SECTION, IF THE
ABSENTEE IS NOT FOUND TO BE DEAD AND THE POLICY
PROVIDES FOR A SURRENDER VALUE, THE BENEFICIARY MAY
REQUEST THE GUARDIAN TO DEMAND THE PAYMENT OF
SURRENDER VALUE. THE GUARDIAN'S RECEIPT FOR THE
PAYMENT IS A RELEASE TO THE INSURER OF ALL CLAIMS
UNDER THE POLICY. THE GUARDIAN SHALL PAY TO THE
BENEFICIARY (OR TO THE ABSENTEE'S ESTATE, IF THE
BENEFICIARY HAS NOT SURVIVED THE ABSENTEE) THE SUM SO
RECEIVED, LESS THE AMOUNT ALLOWED BY THE COURT AS
COSTS OF THE PROCEEDINGS UNDER THIS SECTION.

(D)   SURVIVAL OF BENEFICIARY NOT ESTABLISHED.

IF THE SURVIVAL OF A NAMED BENEFICIARY IS NOT
ESTABLISHED, THE PROVISIONS OF THIS SUBTITLE APPLY AS
IF THE PROCEEDS OF INSURANCE HERE A PART OF THE ESTATE
OF THE ABSENTEE.

REVISOR'S NOTE: This section is new language,
including the substance of Art. 16, §209,
which is proposed for repeal.

SEC. 3-110. DISTRIBUTION OF PROPERTY OF ABSENTEE.

(A)   IN GENERAL.

AFTER TERMINATION OF THE GUARDIANSHIP UNDER
§3-106 AND ANY DEDUCTION FOR THE INSURANCE FUND AS
REQUIRED BY §3-107, THE COURT SHALL DISTRIBUTE THE
REMAINING PROPERTY IN ACCORDANCE WITH ARTICLE 93A AND
THIS SUBTITLE.

(B)   VALIDITY AND EFFECT OF DISTRIBUTION.

THE ORDER OF DISTRIBUTION SHALL BE FINAL AND
BINDING UPON ANY PERSON, INCLUDING THE ABSENTEE.

REVISOR'S NOTE: This language is derived from
Art. 16, §208. If the determination is
distribution under §3—106(b), the deduction
for the fund is required by §3—107. Art.
93, §221 provides for distribution if the
absentee is dead or "presumptively dead".
The term "presumptively dead" refers to
distribution under §3-106(b). The
reference to Art. 93A is specifically
included to indicate that this article
governs the distribution of the absentee's