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Session Laws, 1978
Volume 736, Page 2210   View pdf image
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2210                                            LAWS OF MARYLAND                                     Ch. 744

estate of the deceased as tenants in common.

(ii) If A disclaims "the entire interest",
the property devolves to B or to B's estate.

(9) "To A, B, and C as joint tenants". If A
dies and E and C thereafter disclaim, the property devolves
to A's estate.

9-205.

(A)    THE RIGHT TO DISCLAIM PROPERTY OR AN INTEREST IN
IT IS BARRED BY (1) AN ASSIGNMENT, CONVEYANCE, VOLUNTARY
ENCUMBRANCE, PLEDGE, OR TRANSFER OF THE PROPERTY OR
INTEREST, OR A CONTRACT FOR ANY OF THOSE, (2) A WRITTEN
WAIVER OF THE RIGHT TO DISCLAIM, (3) AN ACCEPTANCE OF THE
PROPERTY OR INTEREST OR A BENEFIT THEREUNDER, OR (4) A SALE
OF THE PROPERTY OR INTEREST UNDER JUDICIAL SALE MADE BEFORE
THE DISCLAIMER IS EFFECTED.

(B)    THE RIGHT TO DISCLAIM EXISTS NOTWITHSTANDING ANY
LIMITATION ON THE INTEREST OF THE DISCLAIMANT IN THE NATURE
OF A SPENDTHRIFT PROVISION OR SIMILAR RESTRICTION.

9-206.

THIS SUBTITLE DOES NOT ABRIDGE THE RIGHT OF A PERSON TO
WAIVE, RELEASE, DISCLAIM OR RENOUNCE PROPERTY OR AN INTEREST
IN PROPERTY UNDER ANY OTHER STATUTE.

Comments to § 9-206

Examples of "other" statutes referred to are those
dealing with spousal election (§ 3—203), refusal to accept
appointment as a fiduciary (§ 9—102), and release of powers
(§ 11-108). This subtitle supplants the common law in
regard to disclaimers of property interests and is intended
to constitute the exclusive method for the disclaimer of
testamentary successions and nontestamentary transfers apart
from those provided by other statutes.

9-207.

AN INTEREST IN PROPERTY THAT EXISTS ON JULY 1, 1978 AS
TO WHICH THE TIME FOR FILING A DISCLAIMER UNDER THIS
SUBTITLE HAS NOT EXPIREE MAY BE DISCLAIMED WITHIN THE TIME
PROVIDED IN § 9-202 OR BEFORE APRIL 1, 1979, WHICHEVER
PERIOD IS GREATER.

9-208.

THIS SUBTITLE SHALL BE APPLIED AND CONSTRUED TO
EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE LAW WITH
RESPECT TO THE SUBJECT OF THIS SUBTITLE AMONG THE STATES
ENACTING IT.

9-209.

 

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Session Laws, 1978
Volume 736, Page 2210   View pdf image
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