EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0868*
HOUSE BILL 868
N2 5lr0649
HB 1518/24 – HRU CF 5lr1857
By: Delegates Rosenberg, Addison, Pasteur, Patterson, Pruski, Ruff, Simmons,
White Holland, Wims, and Wu
Introduced and read first time: January 30, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Interpretation of Wills – Evidence of Intent 2
(Granny’s Law) 3
FOR the purpose of authorizing, under certain circumstances, a personal representative to 4
petition the orphans’ court to interpret a decedent’s will in accordance with the 5
decedent’s intent as demonstrated by certain extrinsic evidence; establishing a 6
certain rebuttable presumption as to a decedent’s intent; authorizing the personal 7
representative to require a certain legatee to demonstrate the use of a legacy under 8
the decedent’s will; requiring the court to interpret a will in a certain manner if 9
certain language is included in the will; authorizing the personal representative to 10
petition the court to issue a certain order or judgment regarding the legacy; applying 11
certain provisions of this Act retroactively to wills probated on or after a certain date; 12
and generally relating to the interpretation of provisions of wills and extrinsic 13
evidence. 14
BY repealing and reenacting, with amendments, 15
Article – Estates and Trusts 16
Section 7–402 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Health – General 21
Section 1–102 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 868
Article – Estates and Trusts 1
7–402. 2
(a) (1) The personal representative may petition the court for permission to 3
act in any matter relating to the administration of the estate. 4
(2) (I) 1. A PERSONAL REPRESENTAT IVE WHO HAS POWER OF 5
ATTORNEY OR WHOM A DECEDENT ALSO NAMED AS THE DECEDEN T’S CAREGIVER 6
MAY PETITION THE COU RT TO INTERPRET A WI LL IN ACCORDANCE WIT H THE INTENT 7
OF THE DECEDENT IF : 8
A. THE WILL CONTAINS A L EGACY FOR A HEALTH 9
PROVIDER OR CHARITAB LE ORGANIZATION IN T HE HEALTH SECTOR ; AND 10
B. THE WILL DOES NOT EXP RESSLY PROVIDE THAT THE 11
LEGACY MUST BE USED TO ADDRESS HEALTH EQ UITY ISSUES EVEN THO UGH THE 12
DECEDENT’S LIFE REFLECTED AN ACTIVE INTEREST IN H EALTH EQUITY ISSUES . 13
2. A PERSONAL REPRESENTAT IVE WHO PETITIONS A 14
COURT UNDER THIS PA RAGRAPH SHALL PRESEN T EVIDENCE SATISFACT ORY TO THE 15
COURT, INCLUDING EVIDENCE O F ACTIONS TAKEN BY T HE DECEDENT DURING T HE 16
DECEDENT’S LIFETIME, TO DEMONSTRATE THE I NTENT OF THE DECEDEN T UNDER 17
THIS SUBPARAGRAPH TH AT THE LEGACY TO THE HEALTH PROVIDER OR 18
CHARITABLE ORGANIZATION IN THE HEALTH SECTOR MU ST BE USED TO ADDRES S 19
HEALTH EQUITY ISSUES . 20
(II) A PERSONAL REPRESENTAT IVE’S PRESENTATION OF 21
EVIDENCE IN ACCORDAN CE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL 22
CREATE A REBUTTABLE PRESUMPTION AS TO TH E INTENT OF THE DECEDENT AND , 23
UNLESS EVIDENCE IS P RESENTED TO REBUT TH E PRESUMPTION , THE COURT SHALL 24
INTERPRET THE WILL I N ACCORDANCE WITH TH E INTENT OF THE DECE DENT. 25
(III) THE COURT SHALL DEFER TO THE JUDGMENT OF T HE 26
PERSONAL REPRESENTAT IVE REGARDING THE AD MINISTRATION OF THE WIL L 27
UNDER THIS PARAGRAPH IF THE WILL INCLUDES THE FOLLOWING LANGUA GE: 28
“IN ADDITION TO THE PO WERS CONFERRED UPON PERSONAL 29
REPRESENTATIVES AND TRUSTEES BY LAW , MY REPRESENTATIVE AN D TRUSTEE, OR 30
ANY DULY APPOINTED S UCCESSOR, SHALL HAVE AUT HORITY WITHOUT 31
ADJUDICATION OR ORDER OR DIRECTION O F THE COURT TO: 32
(1) SELL, PURSUANT TO OPTION O R OTHERWISE , AT A PUBLIC OR 33
PRIVATE SALE AND UPO N SUCH TERMS AS THE PERSONAL REPRESENTAT IVE SHALL 34 HOUSE BILL 868 3
DEEM BEST , ANY REAL OR PERSONAL PROPERTY BELONGING T O MY ESTATE 1
WITHOUT REGARD TO TH E NECESSITY OF SUCH SALE FOR THE PURPOSE OF PAYING 2
DEBTS, TAXES, OR LEGACIES; 3
(2) RETAIN ANY AND ALL OF SUCH PROPERTY NOT SO REQU IRED 4
WITHOUT LIABILITY FO R ANY DEPRECIATION T HEREOF; 5
(3) ASSIGN OR TRANSFER CERTIFIC ATES OF ST OCK, BONDS, OR 6
OTHER SECURITIES ; 7
(4) ADJUST, COMPROMISE , AND SETTLE ANY AND A LL CLAIMS IN 8
FAVOR OF OR AGAINST MY ESTATE; 9
(5) CONDUCT AND CARRY ON ALL BUS INESS UNTIL SUCH TIM E AS THE 10
BUSINESS CAN BE SOLD AND DISTRIBUTED AS A GOING CONCERN OR OTH ERWISE, 11
AND THE PERSONAL REP RESENTATIVE SHALL BE EXONERATED FROM ANY LOSS 12
WHICH MAY RESULT THE REBY; AND 13
(6) DO ANY AND ALL THINGS N ECESSARY AND PROPER TO COMPLETE 14
THE ADMINISTRATION OF ALL MY ESTATE AS FULLY AS I COULD DO IF I WERE 15
LIVING.”. 16
(IV) THE JUDGMENT OF A PERSONAL R EPRESENTATIVE THAT A 17
COURT IS REQUIRED TO DEFER TO UNDER SUBPA RAGRAPH (III) OF THIS 18
PARAGRAPH : 19
1. INCLUDES ANY ACT TO A DDRESS HEALTH DISPAR ITY; 20
AND 21
2. SHALL BE CONSIDERED A UTHORIZED BY LAW UNL ESS 22
THERE IS COMPELLING EVIDENCE T HAT THE PERSONAL REP RESENTATIVE IS 23
ACTING: 24
A. CONTRARY TO THE INTEN T OF THE DECEDENT ; AND 25
B. WITH INTENT TO COMMIT FRAUD AGAINST THE 26
ESTATE. 27
(V) THE PROVISION DESCRIB ED IN SUBPARAGRAPH (III) OF 28
THIS PARAGRAPH SHALL BE INTERPRETED TO EN SURE THAT: 29
1. ALL INDIVIDUALS WITH POWERS OF ATTOR NEY OR 30
NAMED AS CAREGIVERS BY THE DECEDENT DURI NG THE DECEDENT’S LIFETIME ARE 31 4 HOUSE BILL 868
HELD ACCOUNTABLE AND PROTECTED ; AND 1
2. A PERSONAL REPRESENTAT IVE UNDER THIS 2
PARAGRAPH HOLDS AN INTERESTED PERSON ACCOUNTABLE FOR THEI R ACTIONS 3
OR INACTIONS TOWARD , RELATED TO , IN HONOR OF , OR ON BEHALF OF THE 4
DECEDENT. 5
(VI) 1. FOR THE PERIOD BEGINN ING 6 MONTHS AFTER THE 6
PROBATE OF THE ESTAT E AND ENDING 3 YEARS AFTER THE PROB ATE OF THE 7
ESTATE, A PERSONAL REPRESEN TATIVE WHO PETITIONS THE COURT UNDER 8
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH MA Y REQUIRE A LEGATEE DESCRIBED 9
UNDER SUBPARAGRAPH (I)1A OF THIS PARAGRAPH TO DEMONSTRATE HOW THE 10
LEGACY WAS USED BY T HE LEGATEE. 11
2. IF THE LEGATEE FAILS TO DEMONSTRATE THAT THE 12
LEGACY WAS USED IN A CCORDANCE WITH THE I NTERPRETATION OF THE WILL 13
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE PERSONAL REPRESE NTATIVE 14
MAY PETITION THE COU RT TO ISSUE: 15
A. AN ORDER REQUIRING TH E BENEFICIARY TO RET URN 16
THE LEGACY TO THE ES TATE; OR 17
B. A JUDGMENT REQUIRING T HE LEGATEE TO PAY TH E 18
ESTATE THE VALUE OF THE LEGACY. 19
(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 20
court may pass any order it considers proper. 21
(2) IN A PROCEEDING UNDER SUB SECTION (A)(2) OF THIS SECTION , 22
THE COURT MAY PASS A NY ORDER IT CONSIDER S: 23
(I) PROPER; AND 24
(II) CONSISTENT WITH THE G UIDANCE IN SUBSECTION (A)(2) OF 25
THIS SECTION. 26
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
as follows: 28
Article – Health – General 29
1–102. 30
HOUSE BILL 868 5
IT IS THE POLICY OF T HE STATE TO OPPOSE AND A LLEVIATE ANY DISPARI TY 1
IN HEALTH OUTCOMES F OR AND AMONG RACIAL GROUPS IN THE STATE RESULTING 2
FROM THE PROVISION O F TREATMENT OTHERWIS E AVAILABLE TO ASSIS T THE 3
PUBLIC IN GENERAL , AND TO ENCOURAGE AND SUPP ORT THE MAKING OF GI FTS AND 4
BEQUESTS CONSISTENT WITH THIS POLICY TO ADDRESS AND ALLEVIAT E SUCH 5
HEALTH DISPARITIES . 6
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 7
construed to apply retroactively and shall be applied to and interpreted to affect any will 8
probated on or after October 1, 2021. 9
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11