ROBERT L. EHRLICH, JR., Governor                         H.B. 1348

(1)      THE DISCLAIMER MUST SHALL BE DELIVERED TO THE HOLDER OF
THE POWER OR TO THE FIDUCIARY ACTING UNDER THE INSTRUMENT THAT
CREATED THE POWER; OR

(2)      IF THERE IS NO FIDUCIARY, IT MUST SHALL BE FILED WITH A COURT
HAVING AUTHORITY TO APPOINT THE FIDUCIARY.

(I) IN THE CASE OF A DISCLAIMER BY AN APPOINTEE OF A NONFIDUCIARY
POWER OF APPOINTMENT:

(1)      THE DISCLAIMER MUST SHALL BE DELIVERED TO THE HOLDER, THE
PERSONAL REPRESENTATIVE OF THE HOLDER'S ESTATE, OR TO THE FIDUCIARY
UNDER THE INSTRUMENT THAT CREATED THE POWER; OR

(2)      IF THERE IS NO FIDUCIARY, IT MUST SHALL BE FILED WITH A COURT
HAVING AUTHORITY TO APPOINT THE FIDUCIARY.

(J) IN THE CASE OF A DISCLAIMER BY A FIDUCIARY OF A POWER OVER A
TRUST OR ESTATE, THE DISCLAIMER MUST SHALL BE DELIVERED AS PROVIDED IN
SUBSECTION (B), (C), OR (D) OF THIS SECTION AS IF THE POWER DISCLAIMED WERE
AN INTEREST IN PROPERTY.

(K) IN THE CASE OF A DISCLAIMER OF A POWER BY AN AGENT, THE
DISCLAIMER MUST SHALL BE DELIVERED TO THE PRINCIPAL OR THE PRINCIPAL'S
REPRESENTATIVE.

9-210.

(A)     A DISCLAIMER IS BARRED BY A WRITTEN WAIVER OF THE RIGHT TO
DISCLAIM.

(B)     A DISCLAIMER OF AN INTEREST IN PROPERTY IS BARRED IF ANY OF THE
FOLLOWING OCCURS BEFORE THE DISCLAIMER BECOMES EFFECTIVE:

(1)      THE DISCLAIMANT ACCEPTS THE INTEREST SOUGHT TO BE
DISCLAIMED;

(2)      THE DISCLAIMANT VOLUNTARILY ASSIGNS, CONVEYS, ENCUMBERS,
PLEDGES, OR TRANSFERS THE INTEREST SOUGHT TO BE DISCLAIMED OR
CONTRACTS TO DO SO; OR

(3)      A JUDICIAL SALE OF THE INTEREST SOUGHT TO BE DISCLAIMED
OCCURS.

(C)     A DISCLAIMER IN WHOLE OR IN PART OF THE FUTURE EXERCISE OF A
POWER HELD IN A FIDUCIARY CAPACITY IS NOT BARRED BY ITS PREVIOUS EXERCISE.

(D)     A DISCLAIMER IN WHOLE OR IN PART OF THE FUTURE EXERCISE OF
POWER NOT HELD IN A FIDUCIARY CAPACITY IS NOT BARRED BY ITS PREVIOUS
EXERCISE UNLESS THE POWER IS EXERCISABLE IN FAVOR OF THE DISCLAIMANT.

(E)     A DISCLAIMER IS BARRED OR LIMITED IF SO PROVIDED BY LAW OTHER
THAN THIS SUBTITLE.

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