Maryland 2025 Regular Session

Maryland House Bill HB868 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 EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0868
6	6
7	7	HOUSE BILL 868
8	8	N2 5lr0649
9	9	HB 1518/24 – HRU CF 5lr1857
10	10	By: Delegates Rosenberg, Addison, Pasteur, Patterson, Pruski, Ruff, Simmons,
11	11	White Holland, Wims, and Wu
12	12	Introduced and read first time: January 30, 2025
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Estates and Trusts – Interpretation of Wills – Evidence of Intent 2
20	20	(Granny’s Law) 3
21	21
22	22	FOR the purpose of authorizing, under certain circumstances, a personal representative to 4
23	23	petition the orphans’ court to interpret a decedent’s will in accordance with the 5
24	24	decedent’s intent as demonstrated by certain extrinsic evidence; establishing a 6
25	25	certain rebuttable presumption as to a decedent’s intent; authorizing the personal 7
26	26	representative to require a certain legatee to demonstrate the use of a legacy under 8
27	27	the decedent’s will; requiring the court to interpret a will in a certain manner if 9
28	28	certain language is included in the will; authorizing the personal representative to 10
29	29	petition the court to issue a certain order or judgment regarding the legacy; applying 11
30	30	certain provisions of this Act retroactively to wills probated on or after a certain date; 12
31	31	and generally relating to the interpretation of provisions of wills and extrinsic 13
32	32	evidence. 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – Estates and Trusts 16
36	36	Section 7–402 17
37	37	Annotated Code of Maryland 18
38	38	(2022 Replacement Volume and 2024 Supplement) 19
39	39
40	40	BY adding to 20
41	41	Article – Health – General 21
42	42	Section 1–102 22
43	43	Annotated Code of Maryland 23
44	44	(2023 Replacement Volume and 2024 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 HOUSE BILL 868
49	49
50	50
51	51	Article – Estates and Trusts 1
52	52
53	53	7–402. 2
54	54
55	55	(a) (1) The personal representative may petition the court for permission to 3
56	56	act in any matter relating to the administration of the estate. 4
57	57
58	58	(2) (I) 1. A PERSONAL REPRESENTAT IVE WHO HAS POWER OF 5
59	59	ATTORNEY OR WHOM A DECEDENT ALSO NAMED AS THE DECEDEN T’S CAREGIVER 6
60	60	MAY PETITION THE COU RT TO INTERPRET A WI LL IN ACCORDANCE WIT H THE INTENT 7
61	61	OF THE DECEDENT IF : 8
62	62
63	63	A. THE WILL CONTAINS A L EGACY FOR A HEALTH 9
64	64	PROVIDER OR CHARITAB LE ORGANIZATION IN T HE HEALTH SECTOR ; AND 10
65	65
66	66	B. THE WILL DOES NOT EXP RESSLY PROVIDE THAT THE 11
67	67	LEGACY MUST BE USED TO ADDRESS HEALTH EQ UITY ISSUES EVEN THO UGH THE 12
68	68	DECEDENT’S LIFE REFLECTED AN ACTIVE INTEREST IN H EALTH EQUITY ISSUES . 13
69	69
70	70	2. A PERSONAL REPRESENTAT IVE WHO PETITIONS A 14
71	71	COURT UNDER THIS PA RAGRAPH SHALL PRESEN T EVIDENCE SATISFACT ORY TO THE 15
72	72	COURT, INCLUDING EVIDENCE O F ACTIONS TAKEN BY T HE DECEDENT DURING T HE 16
73	73	DECEDENT’S LIFETIME, TO DEMONSTRATE THE I NTENT OF THE DECEDEN T UNDER 17
74	74	THIS SUBPARAGRAPH TH AT THE LEGACY TO THE HEALTH PROVIDER OR 18
75	75	CHARITABLE ORGANIZATION IN THE HEALTH SECTOR MU ST BE USED TO ADDRES S 19
76	76	HEALTH EQUITY ISSUES . 20
77	77
78	78	(II) A PERSONAL REPRESENTAT IVE’S PRESENTATION OF 21
79	79	EVIDENCE IN ACCORDAN CE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL 22
80	80	CREATE A REBUTTABLE PRESUMPTION AS TO TH E INTENT OF THE DECEDENT AND , 23
81	81	UNLESS EVIDENCE IS P RESENTED TO REBUT TH E PRESUMPTION , THE COURT SHALL 24
82	82	INTERPRET THE WILL I N ACCORDANCE WITH TH E INTENT OF THE DECE DENT. 25
83	83
84	84	(III) THE COURT SHALL DEFER TO THE JUDGMENT OF T HE 26
85	85	PERSONAL REPRESENTAT IVE REGARDING THE AD MINISTRATION OF THE WIL L 27
86	86	UNDER THIS PARAGRAPH IF THE WILL INCLUDES THE FOLLOWING LANGUA GE: 28
87	87
88	88	“IN ADDITION TO THE PO WERS CONFERRED UPON PERSONAL 29
89	89	REPRESENTATIVES AND TRUSTEES BY LAW , MY REPRESENTATIVE AN D TRUSTEE, OR 30
90	90	ANY DULY APPOINTED S UCCESSOR, SHALL HAVE AUT HORITY WITHOUT 31
91	91	ADJUDICATION OR ORDER OR DIRECTION O F THE COURT TO: 32
92	92
93	93	(1) SELL, PURSUANT TO OPTION O R OTHERWISE , AT A PUBLIC OR 33
94	94	PRIVATE SALE AND UPO N SUCH TERMS AS THE PERSONAL REPRESENTAT IVE SHALL 34 HOUSE BILL 868 3
95	95
96	96
97	97	DEEM BEST , ANY REAL OR PERSONAL PROPERTY BELONGING T O MY ESTATE 1
98	98	WITHOUT REGARD TO TH E NECESSITY OF SUCH SALE FOR THE PURPOSE OF PAYING 2
99	99	DEBTS, TAXES, OR LEGACIES; 3
100	100
101	101	(2) RETAIN ANY AND ALL OF SUCH PROPERTY NOT SO REQU IRED 4
102	102	WITHOUT LIABILITY FO R ANY DEPRECIATION T HEREOF; 5
103	103
104	104	(3) ASSIGN OR TRANSFER CERTIFIC ATES OF ST OCK, BONDS, OR 6
105	105	OTHER SECURITIES ; 7
106	106
107	107	(4) ADJUST, COMPROMISE , AND SETTLE ANY AND A LL CLAIMS IN 8
108	108	FAVOR OF OR AGAINST MY ESTATE; 9
109	109
110	110	(5) CONDUCT AND CARRY ON ALL BUS INESS UNTIL SUCH TIM E AS THE 10
111	111	BUSINESS CAN BE SOLD AND DISTRIBUTED AS A GOING CONCERN OR OTH ERWISE, 11
112	112	AND THE PERSONAL REP RESENTATIVE SHALL BE EXONERATED FROM ANY LOSS 12
113	113	WHICH MAY RESULT THE REBY; AND 13
114	114
115	115	(6) DO ANY AND ALL THINGS N ECESSARY AND PROPER TO COMPLETE 14
116	116	THE ADMINISTRATION OF ALL MY ESTATE AS FULLY AS I COULD DO IF I WERE 15
117	117	LIVING.”. 16
118	118
119	119	(IV) THE JUDGMENT OF A PERSONAL R EPRESENTATIVE THAT A 17
120	120	COURT IS REQUIRED TO DEFER TO UNDER SUBPA RAGRAPH (III) OF THIS 18
121	121	PARAGRAPH : 19
122	122
123	123	1. INCLUDES ANY ACT TO A DDRESS HEALTH DISPAR ITY; 20
124	124	AND 21
125	125
126	126	2. SHALL BE CONSIDERED A UTHORIZED BY LAW UNL ESS 22
127	127	THERE IS COMPELLING EVIDENCE T HAT THE PERSONAL REP RESENTATIVE IS 23
128	128	ACTING: 24
129	129
130	130	A. CONTRARY TO THE INTEN T OF THE DECEDENT ; AND 25
131	131
132	132	B. WITH INTENT TO COMMIT FRAUD AGAINST THE 26
133	133	ESTATE. 27
134	134
135	135	(V) THE PROVISION DESCRIB ED IN SUBPARAGRAPH (III) OF 28
136	136	THIS PARAGRAPH SHALL BE INTERPRETED TO EN SURE THAT: 29
137	137
138	138	1. ALL INDIVIDUALS WITH POWERS OF ATTOR NEY OR 30
139	139	NAMED AS CAREGIVERS BY THE DECEDENT DURI NG THE DECEDENT’S LIFETIME ARE 31 4 HOUSE BILL 868
140	140
141	141
142	142	HELD ACCOUNTABLE AND PROTECTED ; AND 1
143	143
144	144	2. A PERSONAL REPRESENTAT IVE UNDER THIS 2
145	145	PARAGRAPH HOLDS AN INTERESTED PERSON ACCOUNTABLE FOR THEI R ACTIONS 3
146	146	OR INACTIONS TOWARD , RELATED TO , IN HONOR OF , OR ON BEHALF OF THE 4
147	147	DECEDENT. 5
148	148
149	149	(VI) 1. FOR THE PERIOD BEGINN ING 6 MONTHS AFTER THE 6
150	150	PROBATE OF THE ESTAT E AND ENDING 3 YEARS AFTER THE PROB ATE OF THE 7
151	151	ESTATE, A PERSONAL REPRESEN TATIVE WHO PETITIONS THE COURT UNDER 8
152	152	SUBPARAGRAPH (I)1 OF THIS PARAGRAPH MA Y REQUIRE A LEGATEE DESCRIBED 9
153	153	UNDER SUBPARAGRAPH (I)1A OF THIS PARAGRAPH TO DEMONSTRATE HOW THE 10
154	154	LEGACY WAS USED BY T HE LEGATEE. 11
155	155
156	156	2. IF THE LEGATEE FAILS TO DEMONSTRATE THAT THE 12
157	157	LEGACY WAS USED IN A CCORDANCE WITH THE I NTERPRETATION OF THE WILL 13
158	158	UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE PERSONAL REPRESE NTATIVE 14
159	159	MAY PETITION THE COU RT TO ISSUE: 15
160	160
161	161	A. AN ORDER REQUIRING TH E BENEFICIARY TO RET URN 16
162	162	THE LEGACY TO THE ES TATE; OR 17
163	163
164	164	B. A JUDGMENT REQUIRING T HE LEGATEE TO PAY TH E 18
165	165	ESTATE THE VALUE OF THE LEGACY. 19
166	166
167	167	(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 20
168	168	court may pass any order it considers proper. 21
169	169
170	170	(2) IN A PROCEEDING UNDER SUB SECTION (A)(2) OF THIS SECTION , 22
171	171	THE COURT MAY PASS A NY ORDER IT CONSIDER S: 23
172	172
173	173	(I) PROPER; AND 24
174	174
175	175	(II) CONSISTENT WITH THE G UIDANCE IN SUBSECTION (A)(2) OF 25
176	176	THIS SECTION. 26
177	177
178	178	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
179	179	as follows: 28
180	180
181	181	Article – Health – General 29
182	182
183	183	1–102. 30
184	184	HOUSE BILL 868 5
185	185
186	186
187	187	IT IS THE POLICY OF T HE STATE TO OPPOSE AND A LLEVIATE ANY DISPARI TY 1
188	188	IN HEALTH OUTCOMES F OR AND AMONG RACIAL GROUPS IN THE STATE RESULTING 2
189	189	FROM THE PROVISION O F TREATMENT OTHERWIS E AVAILABLE TO ASSIS T THE 3
190	190	PUBLIC IN GENERAL , AND TO ENCOURAGE AND SUPP ORT THE MAKING OF GI FTS AND 4
191	191	BEQUESTS CONSISTENT WITH THIS POLICY TO ADDRESS AND ALLEVIAT E SUCH 5
192	192	HEALTH DISPARITIES . 6
193	193
194	194	SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 7
195	195	construed to apply retroactively and shall be applied to and interpreted to affect any will 8
196	196	probated on or after October 1, 2021. 9
197	197
198	198	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
199	199	October 1, 2025. 11
200	200