Maryland Code, ESTATES AND TRUSTS 13-105
Terms Used In Maryland Code, ESTATES AND TRUSTS 13-105
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(2) Upon petition of an interested person, a matter initiated in the orphans’ court may be transferred to the circuit court.
(b) Subject to Title 13.5 of this article, the circuit courts have exclusive jurisdiction over protective proceedings for disabled persons.
(c) (1) An orphans’ court may exercise jurisdiction over guardianship of the person of a minor if the presiding judge of the orphans’ court is a member of the bar, regardless of whether the minor who is the subject of the petition for guardianship of the person has property, may inherit property, or is destitute.
(2) An orphans’ court that exercises jurisdiction or is requested to exercise jurisdiction under this subsection may:
(i) Transfer the matter to the circuit court on a finding that the best interests of the child require utilization of the equitable powers of the circuit court; and
(ii) Waive the costs, if any, of a transfer under this paragraph.