Maryland 2024 Regular Session

Maryland Senate Bill SB164

Introduced
1/10/24  
Refer
1/10/24  
Report Pass
2/5/24  
Engrossed
2/8/24  
Refer
2/9/24  
Report Pass
3/28/24  
Enrolled
4/1/24  
Chaptered
4/25/24  

Caption

Estates and Trusts - Interested Person - Definition

Impact

The passage of SB164 is expected to have a significant impact on existing statutes related to estates and trusts. By clearly outlining the criteria for who is considered an 'interested person', the bill seeks to reduce ambiguities that could lead to legal disputes regarding inheritance and the management of estates. As such, the measure may help expedite the probate process, potentially leading to a more efficient resolution of estate matters. Furthermore, it establishes specific conditions under which individuals, including spouses, may lose their 'interested person' status, which may affect their rights to an inheritance.

Summary

Senate Bill 164 primarily addresses the definition of 'interested person' in the context of Maryland's laws governing estates, trusts, and powers of attorney. The bill alters the definition to clarify who qualifies as an interested person, including provisions for heirs, legatees, and guardians of individuals under legal disability. By refining these definitions, SB164 aims to streamline the legal processes associated with estate management and inheritance, ultimately making it easier for involved parties to navigate legal responsibilities and entitlements following a decedent's passing.

Sentiment

Overall, the sentiment surrounding SB164 appears to be positive, particularly among legal professionals and individuals involved in estate planning. Supporters of the bill argue that it provides much-needed clarity to a complex area of law, thereby reducing misunderstandings and potential conflicts. Though there may be concerns regarding the implications for some individuals who could lose their interested status, the general consensus leans towards the bill being a necessary improvement to the existing legal framework governing estates and trusts.

Contention

Despite its general support, notable points of contention may arise regarding the provisions that dictate the loss of 'interested person' status for certain parties, such as surviving spouses and those involved in caveat proceedings. Opponents might argue that these stipulations could inadvertently disenfranchise individuals who deserve consideration in estate matters. Therefore, while SB164 is largely seen as beneficial, it also prompts discussions about ensuring fair treatment of all parties involved in the estate and trust process.

Companion Bills

MD HB325

Crossfiled Estates and Trusts - Interested Person - Definition

Previously Filed As

MD SB792

Estates and Trusts - Registered Domestic Partnerships

MD HB755

Estates and Trusts – Registered Domestic Partnerships

MD HB687

Estates and Trusts - Trusts - Decanting (Maryland Trust Decanting Act)

MD SB446

Estates and Trusts - Trusts - Decanting (Maryland Trust Decanting Act)

MD HB610

Estates - Execution of a Will - Witness Requirements

MD SB216

Massage Therapy - Definition, Registration, and Reimbursement

MD HB242

Massage Therapy - Definition, Registration, and Reimbursement

MD SB769

Baltimore City – Residential Real Property – Disclaimed Property and Exemptions From Prepayment

MD SB651

Real Estate - Real Estate Brokerage Services and Termination of Residential Real Estate Contracts (The Anthony Moorman Act)

MD SB851

Maryland General and Limited Power of Attorney Act - Alterations

Similar Bills

CA AB3182

Housing:governing documents: rental or leasing of separate interests: accessory dwelling units.

CA SB444

Property insurance: insurable interest.

NJ A2746

Creates process for termination of dormant mineral interests.

CA AB319

Mobilehome Parks Act: inspectors: conflict of interest: enforcement actions: sunset.

CA AB534

Common interest developments: mechanics liens.

TX HB2261

Relating to the transfer or termination of certain timeshare interests.

TX HB834

Relating to reporting ownership of mineral interests severed from the surface estate and the vesting of title by judicial proceeding to certain abandoned mineral interests.

TX SB738

Relating to the transfer or termination of certain timeshare interests.