clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 2004
Volume 801, Page 3326   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

H.B. 1348                                               VETOES

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 MUST SHALL BE DELIVERED TO THE PERSONAL
REPRESENTATIVE FOR THE DECEDENT'S ESTATE; OR

(2)      IF THERE IS NO PERSONAL REPRESENTATIVE, IT MUST 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 MUST 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 MUST 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 MUST SHALL BE DELIVERED TO THE TRUSTEE.

(2)      IF THERE IS NO TRUSTEE, IT MUST 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 MUST 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
MUST 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
MUST 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 MUST 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:

- 3326 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 2004
Volume 801, Page 3326   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives