| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0158* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 158 | |
| 11 | 8 | N2 5lr1282 | |
| 12 | 9 | (PRE–FILED) CF HB 88 | |
| 13 | 10 | By: Senator West | |
| 14 | 11 | Requested: October 19, 2024 | |
| 15 | 12 | Introduced and read first time: January 8, 2025 | |
| 16 | 13 | Assigned to: Judicial Proceedings | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: February 21, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Estates and Trusts – Maryland Trust Decanting Act – Notification and 2 | |
| 26 | 20 | Document Transmittal 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of specifying the manner in which notice regarding an exercise of the 4 | |
| 29 | 23 | decanting power or the sending of a document under the Maryland Trust Decanting 5 | |
| 30 | 24 | Act is required to be provided; and generally relating to the Maryland Trust 6 | |
| 31 | 25 | Decanting Act. 7 | |
| 32 | 26 | ||
| 33 | 27 | BY adding to 8 | |
| 34 | 28 | Article – Estates and Trusts 9 | |
| 35 | 29 | Section 14–602.1 10 | |
| 36 | 30 | Annotated Code of Maryland 11 | |
| 37 | 31 | (2022 Replacement Volume and 2024 Supplement) 12 | |
| 38 | 32 | ||
| 39 | 33 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 40 | 34 | That the Laws of Maryland read as follows: 14 | |
| 41 | 35 | ||
| 42 | 36 | Article – Estates and Trusts 15 | |
| 43 | 37 | ||
| 44 | 38 | 14–602.1. 16 | |
| 45 | 39 | ||
| 46 | 40 | (A) NOTICE TO A PERSON UNDER TH IS SUBTITLE OR THE SENDING OF A 17 | |
| 47 | - | DOCUMENT TO A PERSON UNDER TH IS SUBTITLE SHALL BE AC COMPLISHED IN A 18 2 SENATE BILL 158 | |
| 41 | + | DOCUMENT TO A PERSON UNDER TH IS SUBTITLE SHALL BE AC COMPLISHED IN A 18 | |
| 42 | + | MANNER REASONABLY SUITABLE UNDER THE CI RCUMSTANCES AND LIKELY TO 19 | |
| 43 | + | RESULT IN RECEIPT OF THE NOTICE OR DOCUME NT. 20 | |
| 44 | + | ||
| 45 | + | (B) AN AUTHORIZED FIDUCIA RY SHALL PROVIDE NOT ICE TO A PE RSON 21 | |
| 46 | + | UNDER THIS SUBTITLE : 22 | |
| 47 | + | 2 SENATE BILL 158 | |
| 48 | 48 | ||
| 49 | 49 | ||
| 50 | - | MANNER REASONABLY SUITABLE UNDER THE CI RCUMSTANCES AND LIKELY TO 1 | |
| 51 | - | RESULT IN RECEIPT OF THE NOTICE OR DOCUMENT . 2 | |
| 50 | + | (1) BY PERSONAL SERVICE ; 1 | |
| 52 | 51 | ||
| 53 | - | ( | |
| 54 | - | ||
| 52 | + | (2) BY CERTIFIED MAIL OR FIRST–CLASS MAIL, POSTAGE PREPAID , 2 | |
| 53 | + | RETURN RECEIPT REQUE STED; 3 | |
| 55 | 54 | ||
| 56 | - | (1) BY PERSONAL SERVICE ; 5 | |
| 55 | + | (3) BY COURIER DELIVERY S ERVICE, DELIVERY SERVICE PRE PAID, 4 | |
| 56 | + | DELIVERY CONFIRMATIO N REQUESTED ; OR 5 | |
| 57 | 57 | ||
| 58 | - | ( | |
| 59 | - | ||
| 58 | + | (4) IF A PERSON ENTITLED TO R ECEIVE NOTICE UNDER THIS 6 | |
| 59 | + | SUBTITLE AGREES IN W RITING TO ACCEPT AN ALTERNATIVE FORM OF NOTICE: 7 | |
| 60 | 60 | ||
| 61 | - | (3) BY COURIER DELIVERY S ERVICE, DELIVERY SERVICE PRE PAID, 8 | |
| 62 | - | DELIVERY CONFIRMATIO N REQUESTED ; OR 9 | |
| 61 | + | (I) BY FIRST–CLASS MAIL, POSTAGE PREPAID ; 8 | |
| 63 | 62 | ||
| 64 | - | (4) IF A PERSON ENTITLED TO RECEIVE NOTICE UN DER THIS 10 | |
| 65 | - | SUBTITLE AGREES IN W RITING TO ACCEPT AN ALTERNATIVE FORM OF NOTICE: 11 | |
| 63 | + | (II) BY FACSIMILE TRANSMIS SION FROM A FACSIMIL E DEVICE 9 | |
| 64 | + | THAT PRODUCES A CONF IRMATION PAGE THAT SPECIFIES THE DATE A ND TIME OF A 10 | |
| 65 | + | SUCCESSFUL FACSIMILE TRANSMISSION ; OR 11 | |
| 66 | 66 | ||
| 67 | - | ( | |
| 67 | + | (III) BY E–MAIL, ACKNOWLEDGEMENT REQU ESTED. 12 | |
| 68 | 68 | ||
| 69 | - | (II) BY FACSIMILE TRANSMISSION FROM A FACSIMILE DEVICE 13 | |
| 70 | - | THAT PRODUCES A CONF IRMATION PAGE THAT S PECIFIES THE DATE AN D TIME OF A 14 | |
| 71 | - | SUCCESSFUL FACSIMILE TRANSMISSION ; OR 15 | |
| 69 | + | (C) (1) A PERSON MAY REVOKE THE AUTHORIZED FIDUC IARY’S 13 | |
| 70 | + | AUTHORIZATION TO PRO VIDE NOTICE BY AN AL TERNATIVE METHOD UND ER 14 | |
| 71 | + | SUBSECTION (B)(4) OF THIS SECTION BY PROVIDING NOTICE TO THE AUTHORIZED 15 | |
| 72 | + | FIDUCIARY IN A METHO D SPECIFIED UNDER SUBSECTION (B)(1) THROUGH (3) OF 16 | |
| 73 | + | THIS SECTION. 17 | |
| 72 | 74 | ||
| 73 | - | (III) BY E–MAIL, ACKNOWLEDGEMENT REQU ESTED. 16 | |
| 75 | + | (2) AN AUTHORIZED FIDUCIA RY AUTHORIZED TO PROVID E NOTICE BY 18 | |
| 76 | + | AN ALTERNATIVE METHO D UNDER SUBSECTION (B)(4) OF THIS SECTION MAY 19 | |
| 77 | + | CONTINUE TO PROVIDE NOTICE BY THE AUTHOR IZED ALTERNATIVE MET HOD UNTIL 20 | |
| 78 | + | THE PERSON ENTITLED TO RECEIVE NOTICE RE VOKES THE AUTHORIZAT ION IN 21 | |
| 79 | + | ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION . 22 | |
| 74 | 80 | ||
| 75 | - | (C) (1) A PERSON MAY REVOKE THE AUTHORIZED FIDUC IARY’S 17 | |
| 76 | - | AUTHORIZATION TO PROVIDE NOTICE BY AN ALTERNA TIVE METHOD UNDER 18 | |
| 77 | - | SUBSECTION (B)(4) OF THIS SECTION BY PROVIDING NOTICE TO THE AUTHORIZED 19 | |
| 78 | - | FIDUCIARY IN A METHO D SPECIFIED UNDER SUBSECTION (B)(1) THROUGH (3) OF 20 | |
| 79 | - | THIS SECTION. 21 | |
| 81 | + | (D) IF AN AUTHORIZED FIDU CIARY WHO PROVIDES N OTICE BY AN 23 | |
| 82 | + | ALTERNATIVE METHOD U NDER SUBSECTION (B)(4) OF THIS SECTION KNOWS OR 24 | |
| 83 | + | SHOULD KNOW THAT THE PERSON ENTITLED TO R ECEIVE NOTI CE DID NOT 25 | |
| 84 | + | ACTUALLY RECEIVE NOT ICE, THE AUTHORIZED FIDUC IARY SHALL PROVIDE N OTICE 26 | |
| 85 | + | TO THE PERSON BY A M ETHOD SPECIFIED UNDER SUBSECTION (B)(1) THROUGH (3) 27 | |
| 86 | + | OF THIS SECTION. 28 | |
| 80 | 87 | ||
| 81 | - | (2) AN AUTHORIZED FIDUCIA RY AUTHORIZED TO PROVID E NOTICE BY 22 | |
| 82 | - | AN ALTERNATIVE METHO D UNDER SUBSECTION (B)(4) OF THIS SECTION MAY 23 | |
| 83 | - | CONTINUE TO PROVIDE NOTICE BY THE AUTHOR IZED ALTERNATIVE MET HOD UNTIL 24 | |
| 84 | - | THE PERSON ENTITLED TO RECEIVE NOTICE RE VOKES THE AUTHORIZAT ION IN 25 | |
| 85 | - | ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION . 26 | |
| 86 | - | ||
| 87 | - | (D) IF AN AUTHORIZED FIDU CIARY WHO PROVIDES N OTICE BY AN 27 | |
| 88 | - | ALTERNATIVE METHOD U NDER SUBSECTION (B)(4) OF THIS SECTION KNOWS OR 28 | |
| 89 | - | SHOULD KNOW THAT THE PERSON ENTITLED TO R ECEIVE NOTI CE DID NOT 29 | |
| 90 | - | ACTUALLY RECEIVE NOT ICE, THE AUTHORIZ ED FIDUCIARY SHALL P ROVIDE NOTICE 30 | |
| 91 | - | TO THE PERSON BY A M ETHOD SPECIFIED UNDER SUBSECTION (B)(1) THROUGH (3) 31 | |
| 92 | - | OF THIS SECTION. 32 SENATE BILL 158 3 | |
| 93 | - | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 97 | - | October 1, 2025. 2 | |
| 98 | - | ||
| 99 | - | ||
| 100 | - | ||
| 101 | - | Approved: | |
| 102 | - | ________________________________________________________________________________ | |
| 103 | - | Governor. | |
| 104 | - | ________________________________________________________________________________ | |
| 105 | - | President of the Senate. | |
| 106 | - | ________________________________________________________________________________ | |
| 107 | - | Speaker of the House of Delegates. | |
| 88 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
| 89 | + | October 1, 2025. 30 |