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Session Laws, 1989
Volume 771, Page 3820   View pdf image
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Ch. 638

LAWS OF MARYLAND

(2) FOR AN OBLIGATION ARISING FROM CONTROL OF
CUSTODIAL PROPERTY OR FOR A TORT COMMITTED DURING THE
CUSTODIANSHIP UNLESS THE CUSTODIAN IS PERSONALLY AT FAULT.

(C) A MINOR IS NOT PERSONALLY LIABLE FOR AN OBLIGATION
ARISING FROM OWNERSHIP OF CUSTODIAL PROPERTY OR FOR A TORT
COMMITTED DURING THE CUSTODIANSHIP UNLESS THE MINOR IS PERSONALLY
AT FAULT.

13-318.

(A)  (1) A PERSON NOMINATED UNDER § 13-303 OF THIS SUBTITLE
OR DESIGNATED UNDER § 13-309 OF THIS SUBTITLE AS CUSTODIAN MAY
DECLINE TO SERVE BY DELIVERING A VALID DISCLAIMER TO THE PERSON
WHO MADE THE NOMINATION OR TO THE TRANSFEROR OR THE TRANSFEROR'S
LEGAL REPRESENTATIVE.

(2)  IF THE EVENT GIVING RISE TO A TRANSFER HAS NOT
OCCURRED AND NO SUBSTITUTE CUSTODIAN ABLE, WILLING, AND ELIGIBLE
TO SERVE WAS NOMINATED UNDER § 13-303 OF THIS SUBTITLE, THE
PERSON WHO MADE THE NOMINATION MAY NOMINATE A SUBSTITUTE
CUSTODIAN UNDER § 13-303 OF THIS SUBTITLE.

(3)  IN OTHER CASES, THE TRANSFEROR OR THE TRANSFEROR'S
LEGAL REPRESENTATIVE SHALL DESIGNATE A SUBSTITUTE CUSTODIAN AT
THE TIME OF THE TRANSFER, IN EITHER CASE FROM AMONG THE PERSONS
ELIGIBLE TO SERVE AS CUSTODIAN FOR THAT KIND OF PROPERTY UNDER §
13-309 OF THIS SUBTITLE.

(4)  THE CUSTODIAN DESIGNATED HAS THE RIGHTS OF A
SUCCESSOR CUSTODIAN.

(B)  (1) A CUSTODIAN AT ANY TIME MAY DESIGNATE A TRUST
COMPANY OR AN ADULT OTHER THAN A TRANSFEROR UNDER § 13-304 OF
THIS SUBTITLE AS SUCCESSOR CUSTODIAN BY EXECUTING AND DATING AN
INSTRUMENT OF DESIGNATION BEFORE A SUBSCRIBING WITNESS OTHER THAN
THE SUCCESSOR.

(2) IF THE INSTRUMENT OF DESIGNATION DOES NOT CONTAIN
OR IS NOT ACCOMPANIED BY THE RESIGNATION OF THE CUSTODIAN, THE
DESIGNATION OF THE SUCCESSOR DOES NOT TAKE EFFECT UNTIL THE
CUSTODIAN RESIGNS, DIES, BECOMES INCAPACITATED, OR IS REMOVED.

(C)  A CUSTODIAN MAY RESIGN AT ANY TIME BY DELIVERING
WRITTEN NOTICE TO THE MINOR IF THE MINOR HAS ATTAINED THE AGE OF
14 YEARS AND TO THE SUCCESSOR CUSTODIAN AND BY DELIVERING THE
CUSTODIAL PROPERTY TO THE SUCCESSOR CUSTODIAN.

(D)  (1) IF A CUSTODIAN IS INELIGIBLE, DIES, OR BECOMES
INCAPACITATED WITHOUT HAVING EFFECTIVELY DESIGNATED A SUCCESSOR
AND THE MINOR HAS ATTAINED THE AGE OF 14 YEARS, THE MINOR MAY
DESIGNATE AS SUCCESSOR CUSTODIAN, IN THE MANNER PRESCRIBED IN

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Session Laws, 1989
Volume 771, Page 3820   View pdf image
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