PARRIS N. GLENDENING, Governor

Ch. 14

legatee because of [his] THE PERSONAL REPRESENTATIVE'S lack of knowledge of the
location of the heir or legatee and the court is satisfied that reasonable efforts have been
made to locate [him] THE HEIR OR LEGATEE;

(2) An heir or legatee is a nonresident of the United States and would not
have the benefit of use or control at its full value of money or other property comprising
[his] THE HEIR'S OR LEGATEE'S distributive share or legacy; or

(3) Other special circumstances make it appear desirable that payment or
delivery should be withheld because of national or international action affecting such
money, property, value, or the full use and enjoyment of it.

DRAFTER'S NOTE:

Error: Stylistic errors in § 9-108(a) of the Estates and Trusts Article.

Occurred: Ch. 11, Acts of 1974.

10- 103.

(b) (1) Except as provided in §§ 10-102 and 11-109 of this article, the right of a
person seeking to recover property improperly distributed, or the value of it, from a
person to whom property has been distributed is forever barred at the later of:

[(1)](I) Three years from the death of decedent; or

[(2)] (II) One year from the time of distribution of the property.

(2) This [section] SUBSECTION does not bar recovery of property or the
value of it received as the result of [his] THE HEIR'S OR LEGATEE'S participation [and]
IN A fraudulent distribution.

DRAFTER'S NOTE:

Error: Stylistic errors, erroneous internal reference, and incorrect word
usage in § 10-103(b) of the Estates and Trusts Article.

Occurred: Ch. 11, Acts of 1974.

11- 108.

(b) (1) A release pursuant to subsection (a) of this section shall:

[(1)](I) Identify the instrument creating the power of appointment;
[(2)] (II) State the place the instrument was recorded or admitted to

probate;
and

[(3)] (III) Contain a statement of the extent to which the power is released;

[(4)] (IV) Specify any limitation which the release, if partial, places upon the
persons, objects, or classes in whose favor the power would otherwise be exercisable.

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