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Ch. 464
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2296
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LAWS OF MARYLAND
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Estates and Trusts — Corrective
FOR the purpose of correcting certain errors in the
revision of the law relating to the distribution of
income during the administration of an estate and to
presentation of claims against an estate.
BY repealing and reenacting, with amendments,
Article — Estates and Trusts
Section 7-304(b)(2) and 8-104(e)
Annotated Code of Maryland
(1974 Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 7-304(b)(2) and 8-104(e) of
Article — Estates and Trusts, of the Annotated Code of
Maryland (1974 Volume and 1976 Supplement) be and they
are hereby repealed and reenacted, with amendments, to
read as follows:
Article - Estates and Trusts
7-304.
(b) Unless the will provides otherwise, income
from the assets of an estate of a decedent after the
death of the testator and before distribution, including
income from property used to discharge liabilities, shall
be determined in accordance with the rules applicable to
a trustee under Subtitle 2 of Title 14 of this article
and shall be distributed as follows:
(2) To all other legatees, except legatees
(OTHER THAN A SURVIVING SPOUSE) of pecuniary legacies not
in trust, the balance of the income, less taxes, ordinary
repairs, and other expenses of management and operation
relating to all other property from which the estate is
entitled to income, the balance of interest accrued since
the death of the decedent, and the balance of taxes
imposed on income which accrue during the period of
administration, in proportion to their respective
interests in the undistributed property of the estate
computed at the times of distribution on the basis of
inventory value. This paragraph does not apply [to a
surviving spouse or] to taxes on capital gains.
8-104.
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(e) Notwithstanding the other provisions of this
section, an action against the estate may be instituted
after the expiration of the time designated in this
section but within the period of limitations generally
applicable to SUCH actions [against the estate] in the
event the decedent was covered by an existing liability
insurance policy at the time of the occurrence. The
existence of insurance coverage is not admissible at the
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