Maryland Code § ET-9-209

Section ET-9-209
Open in Lexace · Ask the AI about this section
(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:
(1) The disclaimer 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 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 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 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 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 shall
be delivered to the principal or the principal's representative.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.