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Session Laws, 1974
Volume 713, Page 142   View pdf image
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142                                          LAWS OF MARYLAND                           [Ch. 11

REVISOR'S NOTE: This section presently appears as
Art. 93, §9-105. It is divided into four
subsections for organizational purposes. The
only other changes are in language and style.

9-106. EFFECT OF DISTRIBUTION.
(A) TITLE OF DISTRIBUTEES.

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.

(E) IMPROPER DISTRIBUTION.

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 HE HAS IT OR ITS VALUE. IF A
DISTRIBUTEE HAS DISPOSED OF PROPERTY IMPROPERLY
DISTRIBUTED TO HIM HIS LIABILITY IS THE LOWER OF THE
VALUE OF THE PROPERTY ON THE DATE OF DISTRIBUTION OR THE
VALUE OF THE DATE OF DISPOSITION.

(C) PURCHASERS FROM DISTRIBUTEES PROTECTED.

IF PROPERTY DISTRIBUTEE 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. TO BE PROTECTED UNDER THIS PROVISION, A
PURCHASER NEED NOT INQUIRE WHETHER A PERSONAL
REPRESENTATIVE ACTED PROPERLY IN RESPECT TO A
DISTRIBUTION IN KIND.

REVISOR'S NOTE: This section presently appears as
Art. 93, §9—106. The only changes are in
style and language.

9-107. PARTITION FOR PURPOSE OF DISTRIBUTION.
(A) PETITION TO COURT.

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 PRIOR TO     THE
FORMAL OR INFORMAL CLOSING OF THE ESTATE, TO MAKE

PARTITION. AFTER NOTICE TO THE INTERESTED HEIRS OR

LEGATEES, THE COURT SHALL PARTITION THE PROPERTY IN   THE

 

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Session Laws, 1974
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