Ch. 386                                    1995 LAWS OF MARYLAND

(F) THE AFFIRMATIVE ELECTION REQUIRED UNDER SUBSECTION (E) OF THIS
SECTION MUST BE MADE THROUGH A WRITTEN DECLARATION SIGNED BY THE
INTERESTED PERSON AND DELIVERED TO THE TRUSTEE.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of this Act
neither create a new cause of action nor impair any existing cause of action which, in
either case, relates to any power proscribed by § 14-109(a) that was exercised before
October 1, 1995.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to all
trusts existing before, on, or after October 1, 1995 regardless of the effective date of the
governing instrument under which the trust was created.

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 18, 1995.

CHAPTER 386
(Senate Bill 499)

AN ACT concerning

Estates and Trusts - Escheat - Claim for Refund

FOR the purpose of altering the required degree of relationship of an individual to a
decedent whose estate has escheated to the Department of Health and Mental
Hygiene or a local board of education in order to entitle the individual to claim a
refund of the sum paid to the Department or board; and generally relating to
escheats of decedent's estate.

BY repealing and reenacting, with amendments,
Article - Estates and Trusts
Section 3-105(b)
Annotated Code of Maryland
(1991 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Estates and Trusts

3-105.

(b) After payment has been made to the Department of Health and Mental
Hygiene or to the board of education, if a claim for refund is filed by a relative within the
[third] FIFTH degree living at the death of the decedent or by the personal
representative of the relative, and the claim is allowed, the claimant shall be entitled to a
refund, without interest, of the sum paid.

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