Bill > HB868

This bill, nicknamed "Granny's Law," provides expanded authority to personal representatives in interpreting a decedent's will, particularly when the will includes a legacy (a gift) to a health provider or healthcare-related charitable organization. Specifically, if a personal representative has power of attorney or was named as the decedent's caregiver, they can petition a court to interpret the will's intent based on extrinsic evidence demonstrating the decedent's desire to address health equity issues. The bill creates a rebuttable presumption about the decedent's intent and allows the personal representative to require the recipient of such a legacy to demonstrate how they used the funds, with potential consequences if the funds are not used as interpreted. If a will contains specific language granting broad administrative powers to the personal representative, the court must defer to their judgment regarding estate administration, including actions to address health disparities, unless there is compelling evidence of fraudulent intent. The bill reflects Maryland's state policy of opposing health outcome disparities among racial groups and encourages gifts and bequests that support this goal. The provisions will apply retroactively to wills probated on or after October 1, 2021, and will take full effect on October 1, 2025.

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https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0868?ys=2025RS