Maryland 2023 Regular Session

Maryland House Bill HB755

Introduced
2/8/23  
Refer
2/8/23  
Report Pass
3/24/23  
Engrossed
3/28/23  

Caption

Estates and Trusts – Registered Domestic Partnerships

Impact

The Bill modifies existing state laws regarding estates and trusts, specifically addressing the rights of registered domestic partners upon the death of a partner. Under this bill, the surviving partner is entitled to significant rights, including full intestate succession rights, which means they receive the entire estate if there are no other direct descendants. Additionally, by recognizing domestic partnerships from other jurisdictions with substantially similar laws, this bill broadens the recognition and protections available to couples across state lines.

Summary

House Bill 755 aims to establish a comprehensive framework for the recognition and regulation of registered domestic partnerships in Maryland. This legislation includes provisions for the registration, termination, and legal recognition of domestic partnerships, ensuring that partners can receive the same benefits as married couples, particularly in matters of inheritance and estate laws. The bill effectively revises how the law treats children born to registered domestic partners, reforming definitions around legitimacy and parentage to align with modern family structures.

Sentiment

General sentiment around HB 755 appears to be positive, with strong support from LGBTQ+ advocates and civil rights organizations. Supporters argue that it reflects the state's commitment to equality and modern family structures, providing necessary legal protections for couples who may not have access to traditional marriage. However, there are also concerns regarding the implications for traditional family definitions and the potential challenges of integrating these new legal concepts into existing frameworks.

Contention

Notable points of contention include disagreements around the implications for how children are recognized legally and the definitions of parentage that might pose challenges to traditional family structures. There are fears among some groups that this could undermine established family laws. Additionally, the process by which domestic partnerships can be established and dissolved, including a provision for abandonment and termination, has raised questions about the rights of individuals within these partnerships compared to marriage.

Companion Bills

MD SB792

Crossfiled Estates and Trusts - Registered Domestic Partnerships

Previously Filed As

MD SB792

Estates and Trusts - Registered Domestic Partnerships

MD HB928

Estates and Trusts - Wills - Married Couples and Registered Domestic Partnerships

MD SB164

Estates and Trusts - Interested Person - Definition

MD HB325

Estates and Trusts - Interested Person - Definition

MD HB623

Estates and Trusts - Estate Administration - Publication of Notice

MD HB1258

Estates and Trusts - Estate Administration - Publication of Notice

MD HB187

Estates and Trusts – Administration of Estates – Fees

MD HB660

Estates and Trusts - Register of Wills - Admission of Copy of Executed Will

MD SB286

Domestic Partnership and Marriage - Required Information

MD HB323

Domestic Partnership and Marriage - Required Information

Similar Bills

MD SB792

Estates and Trusts - Registered Domestic Partnerships

CA SB479

Termination of tenancy: no-fault just cause: natural person.

NJ S2991

Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.

NJ A2351

Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.

NJ S1424

Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.

AZ SB1703

In loco parentis; prohibition

TN HB2713

AN ACT to amend Tennessee Code Annotated, Title 35; Title 45; Title 61 and Title 66, relative to trusts and estates.

TN SB2256

AN ACT to amend Tennessee Code Annotated, Title 35; Title 45; Title 61 and Title 66, relative to trusts and estates.