Ch. 465                                    2004 LAWS OF MARYLAND

9-209.

(A)     SUBJECT TO SUBSECTIONS (B) THROUGH (K) OF THIS SECTION, DELIVERY
OF A DISCLAIMER MAY BE EFFECTED BY PERSONAL DELIVERY, FIRST-CLASS MAIL,
OR ANY OTHER METHOD LIKELY TO RESULT IN ITS RECEIPT.

(B)     IN THE CASE OF AN INTEREST CREATED UNDER THE LAW OF INTESTATE
SUCCESSION OR AN INTEREST CREATED BY WILL, OTHER THAN AN INTEREST IN A
TESTAMENTARY TRUST:

(1)     A DISCLAIMER SHALL BE DELIVERED TO THE PERSONAL
REPRESENTATIVE FOR THE DECEDENT'S ESTATE; OR

(2)      IF THERE IS NO PERSONAL REPRESENTATIVE, IT SHALL BE FILED
WITH A COURT HAVING JURISDICTION TO APPOINT THE PERSONAL
REPRESENTATIVE.

(C)     IN THE CASE OF AN INTEREST IN A TESTAMENTARY TRUST:

(1)      A DISCLAIMER SHALL BE DELIVERED TO THE TRUSTEE, OR IF NO
TRUSTEE IS THEN SERVING, TO THE PERSONAL REPRESENTATIVE OF THE
DECEDENT'S ESTATE; OR

(2)      IF THERE IS NO PERSONAL REPRESENTATIVE, IT SHALL BE FILED
WITH A COURT HAVING JURISDICTION TO ENFORCE THE TRUST.

(D)     (1) IN THE CASE OF AN INTEREST IN AN INTER VIVOS TRUST, A
DISCLAIMER SHALL BE DELIVERED TO THE TRUSTEE.

(2)      IF THERE IS NO TRUSTEE, IT SHALL BE FILED WITH A COURT HAVING
JURISDICTION TO ENFORCE THE TRUST.

(3)      IF THE DISCLAIMER IS MADE BEFORE THE TIME THE INSTRUMENT
CREATING THE TRUST BECOMES IRREVOCABLE, IT SHALL BE DELIVERED TO THE
SETTLOR OF A REVOCABLE TRUST OR THE TRANSFEROR OF THE INTEREST.

(E)     IN THE CASE OF AN INTEREST CREATED BY A BENEFICIARY DESIGNATION
MADE BEFORE THE TIME THE DESIGNATION BECOMES IRREVOCABLE, A DISCLAIMER
SHALL BE DELIVERED TO THE PERSON MAKING THE BENEFICIARY DESIGNATION.

(F)     IN THE CASE OF AN INTEREST CREATED BY A BENEFICIARY DESIGNATION
MADE AFTER THE TIME THE DESIGNATION BECOMES IRREVOCABLE, A DISCLAIMER
SHALL BE DELIVERED TO THE PERSON OBLIGATED TO DISTRIBUTE THE INTEREST.

(G)     IN THE CASE OF A DISCLAIMER BY A SURVIVING HOLDER OF JOINTLY
HELD PROPERTY, THE DISCLAIMER SHALL BE DELIVERED TO THE PERSON TO WHOM
THE DISCLAIMED INTEREST PASSES.

(H) IN THE CASE OF A DISCLAIMER BY AN OBJECT OR TAKER IN DEFAULT OF
EXERCISE OF A POWER OF APPOINTMENT AT ANY TIME AFTER THE POWER WAS
CREATED:

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