Section 11-110 – Construction of References in Will or Trust to Federal Estate Tax or Generation-Skipping Transfer Tax
(a) (1) A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the “unified credit”, “estate tax exemption”, “applicable exemption amount”, “applicable credit amount”, “applicable exclusion amount”, “generation–skipping transfer tax exemption”, “GST exemption”, “marital deduction”, “maximum marital deduction”, or “unlimited marital deduction”, or […]
Section 11-111 – Disqualification for Conviction of Unlawfully Obtaining Property
(a) A person convicted of unlawfully obtaining property from a victim in violation of § 8–801(b) of the Criminal Law Article shall be disqualified from inheriting, taking, enjoying, receiving, or otherwise benefitting from the estate, insurance proceeds, or property of the victim, to the extent provided in § 8–801(e) of the Criminal Law Article. (b) A person […]
Section 11-112 – Treatment of Disqualified Persons
(a) In this section, “disqualified person” means a person who feloniously and intentionally kills, conspires to kill, or procures the killing of the decedent. (b) (1) Except as provided in paragraph (2) of this subsection, a disqualified person shall be treated as if the disqualified person disclaimed the property or interest in the property at the time of […]
Section 11-113 – Posthumously Conceived Child
(a) If a decedent consented in a written record to use of the decedent’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article, the following shall be filed with the register of wills for the county in which the decedent’s estate is probated in the State […]
Section 11-114 – Prohibited Appointments as Guardian of Minor or Disabled Person
(a) Unless good cause is shown for the appointment, a court may not appoint, as a guardian of the person of a minor or disabled person, a person who has been convicted of: (1) A felony; (2) A crime of violence, as defined in § 14–101 of the Criminal Law Article; (3) Assault in the second degree; or (4) A […]
Section 11-105 – Death Benefits Payable to Trusts
(a) As used in this section, the words “death benefits” mean death benefits of any kind, including, but not limited to, proceeds of life insurance policies and payments under an employees’ trust or contract purchased by a trust forming part of a pension, stock bonus, or profit–sharing plan, or under a retirement annuity contract. (b) (1) Death benefits […]
Section 11-106 – Election by Fiduciary Where Gift Qualifies for Marital Deduction; Marital Deduction Formula Clauses
(a) Unless otherwise expressly provided by a will or other controlling instrument, under which a gift is made to or for the benefit of the surviving spouse of a decedent which qualifies for an estate tax marital deduction under the tax law of the United States and the amount or size of the gift is defined […]
Section 11-107 – Distribution in Kind, Using Federal Estate Tax Values
Whenever a will or other governing instrument: (1) Specifically authorizes a fiduciary to satisfy a legacy or transfer by selection and distribution of assets in kind; and (2) Provides that the value of the assets to be distributed shall be determined by reference to their value for purposes of payment of federal estate taxes, the fiduciary shall […]
Section 11-108 – Release of Powers of Appointment
(a) (1) Unless the instrument creating a power of appointment expressly provides to the contrary, the power may be wholly or partially released as to all or a portion of the assets subject to it by an instrument signed by the person holding the power and attested by two witnesses. (2) If the person is under 18 years […]
Section 11-109 – Right to Estate
(a) A conviction or attainder does not work corruption of blood or forfeiture of estate. (b) The estate of a person who commits suicide shall descend or vest like that of a person who dies a natural death. (c) A killing of a person by casualty does not cause a forfeiture of estate.