A TREATISE: The Maryland Law of Estates and Trusts
A Treatise by Frederick R. Franke, JR.
The Treatise on the Maryland Law of Estates & Trusts had its origins in lecture notes that Fred created when teaching estates and trusts law at the University of Baltimore School of Law. The text for the course was Jesse Dukeminier’s casebook (now continued by Robert H. Sitkoff). Fred’s lecture notes were a Maryland specific supplement to that text.
The Treatise is updated sporadically, so Franke Beckett LLC does not guarantee that references are current and relevant. Both the statutory and common law of Maryland change as usages of society alter.
We make the Treatise available because many lawyers have told us that they use it as a starting point for their research. We have been asked to update the materials – an ongoing project. Lawyers and others using the Treatise must use care and judgment. Caveat Emptor.
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