S.B. 500

VETOES

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].

9-202.

(b) If the property or interest has devolved to the disclaimant under a
nontestamentary instrument or contract, the disclaimer shall be delivered or filed, if of a
present interest, or an entire interest in a joint tenancy or tenancy by the entireties, not
later than nine months after the effective date of the nontestamentary instrument or
contract and, if of a future interest, not later than nine months after the event
determining that the taker of the property or interest is finally ascertained and that his
THE right OF THE TAKER OF THE PROPERTY OR INTEREST to possess or enjoy his THE
interest is indefeasibly vested. The effective date of a revocable instrument or contract is
the date on which the maker no longer has power to revoke it or to transfer to himself
THE MAKER OF THE REVOCABLE INSTRUMENT OR CONTRACT or another the entire legal

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