Ch. 427                                    1995 LAWS OF MARYLAND

Approved May 18, 1995.

CHAPTER 427

(House Bill 577)

AN ACT concerning

Estates and Trusts - Tenants by the Entireties - Disclaimers

FOR the purpose of repealing a provision of law that requires a deceased tenant by the
entireties to consent before the surviving spouse makes a disclaimer; clarifying the
right of a surviving tenant by the entities, entireties to disclaim a survivorship
interest and the time period to file a disclaimer; making stylistic changes; providing
for the application of this Act; and generally relating to the filing of disclaimers by
tenants by the entireties.

BY repealing and reenacting, with amendments,
Article - Estates and Trusts
Section 9-201(b) and 9-202(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

9-201.

(b) A person who is a grantee, donee, joint tenant, tenant by the entireties, person
succeeding to a disclaimed interest, beneficiary under a nontestamentary instrument or
contract, or appointee under a power of appointment exercised by a nontestamentary
instrument, may disclaim in whole or in part the right of transfer to him THE PERSON of
any property or interest in any property, including a future interest, by delivering or filing
a disclaimer under this subtitle. A joint tenant or tenant by the entireties may disclaim the
entire interest in any property that is the subject of a joint tenancy or tenancy by the
entireties if the disclaimant did not join in creating the joint tenancy or tenancy by the
entireties and if the disclaimant has not accepted a benefit under the joint tenancy or
tenancy by the entireties. A SURVIVING joint tenant may disclaim as a separate interest
any property or interest in any property [which otherwise would devolve] DEVOLVING
to the disclaimant by right of survivorship. A SURVIVING tenant by the entireties may
disclaim as a separate interest any property or interest in any property [which otherwise
would devolve] DEVOLVING to the disclaimant by right of survivorship [only if the
disclaimant's spouse affixes his or her written consent to the disclaimer].

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