Maryland 2024 Regular Session

Maryland House Bill HB1518 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1518
6	6
7	7	HOUSE BILL 1518
8	8	N2 4lr3458
9	9
10	10	By: Delegate Rosenberg
11	11	Introduced and read first time: February 26, 2024
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Estates and Trusts – Interpretation of Wills – Extrinsic Evidence of Intent 2
19	19	(Granny’s Law) 3
20	20
21	21	FOR the purpose of authorizing, under certain circumstances, a personal representative to 4
22	22	petition the Orphans’ Court to interpret a decedent’s will in accordance with the 5
23	23	decedent’s intent as demonstrated by certain extrinsic evidence; establishing a 6
24	24	certain rebuttable presumption as to a decedent’s intent; authorizing the personal 7
25	25	representative to require a certain legatee to demonstrate the use of a legacy under 8
26	26	the decedent’s will; authorizing the personal representative to petition the court to 9
27	27	issue a certain order or judgment regarding the legacy; applying certain provisions 10
28	28	of this Act retroactively to wills probated on or after a certain date; and generally 11
29	29	relating to the interpretation of provisions of wills and extrinsic evidence. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Estates and Trusts 14
33	33	Section 7–402 15
34	34	Annotated Code of Maryland 16
35	35	(2022 Replacement Volume and 2023 Supplement) 17
36	36
37	37	BY adding to 18
38	38	Article – Health – General 19
39	39	Section 1–103 20
40	40	Annotated Code of Maryland 21
41	41	(2023 Replacement Volume) 22
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
44	44	That the Laws of Maryland read as follows: 24
45	45
46	46	Article – Estates and Trusts 25
47	47
48	48	7–402. 26 2 HOUSE BILL 1518
49	49
50	50
51	51
52	52	(a) (1) The personal representative may petition the court for permission to 1
53	53	act in any matter relating to the administration of the estate. 2
54	54
55	55	(2) (I) 1. THE PERSONAL REPRESENTAT IVE MAY PETITION THE 3
56	56	COURT TO INTERPRET A WILL IN ACCORDANCE WITH THE INTENT OF THE DECEDENT 4
57	57	IF: 5
58	58
59	59	A. THE WILL CONTAINS A LEGA CY FOR A HEALTH 6
60	60	PROVIDER OR CHARITAB LE ORGANIZATION IN T HE HEALTH SECTOR ; AND 7
61	61
62	62	B. THE WILL DOES NOT EXPRESSLY PROVIDE TH AT THE 8
63	63	LEGACY MUST BE USED TO ADDRESS HEALTH EQ UITY ISSUES EVEN THO UGH THE 9
64	64	DECEDENT’S LIFE REFLECTED AN ACTIVE INTEREST IN H EALTH EQUITY ISSUES . 10
65	65
66	66	2. A PERSONAL REPRESENTAT IVE WHO PETITIONS A 11
67	67	COURT UNDER THIS PAR AGRAPH SHALL PRESENT EVIDENCE SATISFACTORY TO THE 12
68	68	COURT, INCLUDING EVIDENCE O F ACTIONS TAKEN BY THE DECEDENT DURING THE 13
69	69	DECEDENT’S LIFETIME, TO DEMONSTRATE THE INTENT OF THE DE CEDENT UNDER 14
70	70	THIS SUBPARAGRAPH THAT THE LEGACY TO T HE HEALTH PROVIDER O R 15
71	71	CHARITABLE ORGANIZAT ION IN THE HEALTH SECTOR MU ST BE USED TO ADDRES S 16
72	72	HEALTH EQUITY ISSUES . 17
73	73
74	74	(II) A PERSONAL REPRESENTAT IVE’S PRESENTATION OF 18
75	75	EVIDENCE IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL 19
76	76	CREATE A REBUTTABLE PRESUMP TION AS TO THE INTENT OF THE DECEDENT AND 20
77	77	UNLESS EVIDENCE IS P RESENTED TO REBUT TH E PRESUMPTION , THE COURT SHALL 21
78	78	INTERPRET THE WILL IN ACCORDANCE WITH T HE INTENT OF THE DECEDENT . 22
79	79
80	80	(III) 1. FOR THE PERIOD BEGINN ING 6 MONTHS AFTER THE 23
81	81	PROBATE OF THE ESTAT E AND ENDING 3 YEARS AFTER THE PROB ATE OF THE 24
82	82	ESTATE, A PERSONAL REPRESENT ATIVE WHO PETITIONS THE COURT UNDER 25
83	83	SUBPARAGRAPH (I)1 OF THIS PARAGRAPH MA Y REQUIRE A LEGATEE DESCRIBED 26
84	84	UNDER SUBPARAGRAPH (I)1A OF THIS PARAGRAP H TO DEMONSTRATE HOW T HE 27
85	85	LEGACY WAS USED BY T HE LEGATEE. 28
86	86
87	87	2. IF THE LEGATEE FAILS TO DEMONSTRATE THAT THE 29
88	88	LEGACY WAS USED IN A CCORDANCE WITH THE I NTERPRETATION OF THE WILL 30
89	89	UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE PERSONAL REPRESENTATIVE 31
90	90	MAY PETITION THE COU RT TO ISSUE: 32
91	91
92	92	A. AN ORDER REQUIRING THE BENEFICIARY TO RETURN 33
93	93	THE LEGACY TO THE ES TATE; OR 34
94	94	HOUSE BILL 1518 3
95	95
96	96
97	97	B. A JUDGMENT REQUIRING T HE LEGATEE TO PAY THE 1
98	98	ESTATE THE VALUE OF THE LEGACY. 2
99	99
100	100	(b) The court may pass any order it considers proper. 3
101	101
102	102	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
103	103	as follows: 5
104	104
105	105	Article – Health – General 6
106	106
107	107	1–103. 7
108	108
109	109	IT IS THE POLICY OF T HE STATE TO OPPOSE AND A LLEVIATE ANY DISPARI TY 8
110	110	IN HEALTH OUTCOMES F OR AND AMONG RACIAL GROUPS IN THE STATE RESULTING 9
111	111	FROM THE PROVISION OF TRE ATMENT OTHERWISE AVAILABLE TO ASSIST THE 10
112	112	PUBLIC IN GENERAL, AND TO ENCOURAG E AND SUPPORT THE MAKING O F GIFTS AND 11
113	113	BEQUESTS CONSISTENT WITH THIS POLICY TO ADDRE SS AND ALLEVIATE SUC H 12
114	114	HEALTH DISPARITIES . 13
115	115
116	116	SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of t his Act shall be 14
117	117	construed to apply retroactively to any will probated on or after October 1, 2021. 15
118	118
119	119	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
120	120	October 1, 2024. 17