Maryland Code, ESTATES AND TRUSTS 13-207
Terms Used In Maryland Code, ESTATES AND TRUSTS 13-207
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- Local department of social services: includes the Montgomery County government. See
- 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
- Service of process: The service of writs or summonses to the appropriate party.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) A conservator, committee, guardian of property, or other like fiduciary appointed by any appropriate court of any foreign jurisdiction in which the minor or disabled person resides;
(2) A person or corporation nominated by the minor or disabled person if:
(i) The designation was signed by the minor or disabled person when the minor or disabled person was at least 16 years old; and
(ii) In the opinion of the court, the minor or disabled person had sufficient mental capacity to make an intelligent choice at the time the designation was executed;
(3) The minor or disabled person’s spouse;
(4) The minor or disabled person’s parents;
(5) A person or corporation nominated by the will of a deceased parent;
(6) The minor or disabled person’s children;
(7) The persons who would be the minor or disabled person’s heirs if the minor or disabled person were dead;
(8) A person or corporation nominated by a person, institution, organization, or public agency that is caring for the minor or disabled person;
(9) A person or corporation nominated by a governmental agency that is paying benefits to the minor or disabled person; and
(10) Any other person considered appropriate by the court.
(b) (1) A person specified in a priority in subsection (a)(1), (3), (4), (6) or (7) of this section may waive and nominate in writing a person or corporation to serve in the specified person’s stead.
(2) A nominee of a person holding a priority has the same priority as the person making the nomination.
(c) (1) Among persons with equal priority, the court shall select the one best qualified of those willing to serve.
(2) For good cause the court may pass over a person with priority and appoint a person with less priority or no priority.
(d) (1) Subject to paragraph (2) of this subsection, nonresidence does not disqualify any person from serving as guardian.
(2) Any nonresident who is appointed cannot qualify until the nonresident files with the register or clerk an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident.
(e) The court may not name an official or employee of a local department of social services, the State Department of Human Services, a local area agency on aging as defined in § 10-101 of the Human Services Article, or the Department of Aging as guardian of the estate.