Under common law, a lifetime gift to a child was presumed to be an advancement. Thus, at death there would be an adjustment according to the lifetime gift. [The mechanism for the adjustment was to bring back the value of the gift to the “hotch pot” and then recalculate the split of the residue for specific bequests in light of the lifetime gift.] Under Maryland law (as well as under most states) a statute has reversed the common law presumption. Now, any property given in lifetime to an heir shall be treated as an advancement only if it is declared in writing by the decedent or acknowledged in writing by the heir to be an advancement. Md. Code Ann., Est. & Trusts § 3-106.
Table of Contents
The Maryland Law of Estates & Trusts
Table of Contents
- 0. Introduction
- 1. The Roles of the Lawyer
- 2. Basic Principals Related to the Transmittal of Property at Death
- 3. Intestacy: The Basic Pattern, Simultaneous Death
- 4. Transfers to Children, Reproductive Technology
- 5. Bars to Succession
- 6. Wills: Capacity/Contest
- 7. Wills: Undue Influence/Fraud
- 8. Formalities of Wills
- 9. Holographic Wills/Revocation of Wills
- 10. Components of Will/Contract to Make Will
- 11. Non-Probate Transers of Financial/Bank Accounts
-
12. Health Care Decision Making
- 12.1 Maryland Advance Directive Law in General
- 12.2 Definitions
- 12.3 Procedure for Making Advance Directives
- 12.4 Effective Date/Revocation Of Advance Directives
- 12.5 Surrogate Decision Making
- 12.6 Standards for Surrogates
- 12.7 Do Not Resuscitate Orders
- 12.8 Medical Orders for Life-Sustaining Treatment (MOLST)
- 12.9 Federal Action
- 12.10 Maryland Anatomical Gift Statute
-
13. Will Interpretation
- 13.1 In General: The Purpose of Will Interpretation
- 13.2 Beginning Point: The Plain Meaning Rule
- 13.3 Interpreting and Giving Effect to Every Word and Every Part of the Will
- 13.4 Extrinsic Evidence to Show the Surrounding Circumstances
- 13.5 Extrinsic Evidence Permitted When a Will Contains a Latent Ambiguity
- 14. Classification of Legacies
- 15. Spousal Election
- 16. Omitted Children
-
17. Maryland Trusts
- 17.1 General Background
- 17.2 The Trust as a Fiduciary Relationship
- 17.3 Good Faith and the Nature of the Trustee’s Duties at Common Law
- 17.3.1 The Good Faith Standard
- 17.3.2 Good Faith and Extended Discretion
- 17.3.3 Immutable Good Faith
- 17.4 Trust Creation under Maryland Law
- 17.5 Creation of an Express Trust under the Maryland Common Law
- 17.6 Trustee and Life Beneficiary Being the Same Person
- 17.7 Maryland Revocable Trust under the Common Law
- 17.8 Revocable Trusts under the Maryland Trust Act – General Appeal
- 17.8.1 Capacity to Settle or Otherwise Deal with a Revocable Trust
- 17.8.2 Surrogate Settlors
- 17.8.3 Revocation
- 17.8.4 Beneficiary Rights and Revocable Trusts
- 17.9 Modification/Termination of Irrevocable Trusts
- 17.9.1 Background
- 17.9.2 Termination and Modification Under the Maryland Trust Act
- 17.9.3 Termination By Consent
- 17.9.4 Modification or Termination in Furtherance of the Purpose of the Trust
- 17.9.5 Termination of Trusts of Less Than $1000,000 Value
- 17.9.6 Reformation to Correct Mistakes
- 17.9.7 Modification To Achieve Tax Objectives
- 18. Spendthrift Clauses; Modification and/or Termination of Trust
- 19. Powers of Appointment
- 20. Rule Against Perpetuities
- 21. Charitable Trusts