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Session Laws, 1981
Volume 741, Page 1660   View pdf image
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1660

LAWS OF MARYLAND

Ch. 320

AN ACT concerning

Uniform Gifts to Minors Act - Release of Custodial Property

FOR the purpose of providing that in certain cases in which
a minor has no guardian and there is no successor
custodian, the minor may obtain custodial property
without the necessity of petitioning a court to
designate a successor custodian.

BY repealing and reenacting, with amendments,

Article - Estates and Trusts
Section 13-307(d)
Annotated Code of Maryland
(1974 Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Estates and Trusts

13-307.

(d) (1) If the minor has a guardian, and if a person
designated as custodian or as successor custodian or by the
custodian as provided in subsection (a) OF THIS SECTION is
not eligible, dies or becomes legally incapacitated, the
guardian of the minor shall be custodian or successor
custodian.

(2) If the minor has no guardian and if no
successor custodian who is eligible and has not died or
become legally incapacitated has been designated as provided
in subsection (a) OF THIS SECTION, a donor, his legal
representative, the legal representative of the custodian or
an adult member of the minor's family, or the minor, if he
has attained the age of 14 years, may petition the court for
the designation of a successor custodian. IF THE MINOR HAS
BECOME ELIGIBLE TO RECEIVE THE CUSTODIAL PROPERTY BY HIS
ATTAINMENT OF THE AGE SPECIFIED IN § 13-304(D) OF THIS
SUBTITLE, A PETITION FOR THE DESIGNATION OF A SUCCESSOR
CUSTODIAN NEED NOT BE FILED. THE MINOR MAY OBTAIN THE
CUSTODIAL PROPERTY UPON PRESENTATION BY THE MINOR OF
EVIDENCE:

(I) OF THE LEGAL INCAPACITY OR DEATH OF
THE CUSTODIAN; AND

SPECIFIED AGE.

(II) THAT THE MINOR HAS ATTAINED THE

(3) Nothing in this subsection shall affect the
power of a personal representative or trustee to appoint a

 

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Session Laws, 1981
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