Bill > SB1029

This bill allows personal representatives to petition the Orphans' Court to interpret a decedent's will in a way that reflects the decedent's intent, specifically for legacies (gifts) to health providers or health-related charitable organizations. The bill focuses on situations where a will includes such a legacy but does not explicitly state that it should address health equity issues, even though the decedent was known to be actively interested in health equity during their lifetime. The personal representative can present evidence, such as the decedent's past actions, to demonstrate their intent for the legacy to be used to address health disparities. If the evidence is satisfactory, the court will create a rebuttable presumption about the decedent's intent and may interpret the will accordingly. Furthermore, the bill allows the personal representative to require the legatee (recipient of the gift) to show how they used the legacy within 6 months to 3 years after the estate's probate. If the legatee cannot demonstrate that they used the legacy as intended, the personal representative can petition the court to either require the return of the legacy or request a judgment for its monetary value. The bill aligns with Maryland's state policy of opposing health outcome disparities among racial groups and takes effect on October 1, 2025, with retroactive application to wills probated on or after October 1, 2021.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB1029?ys=2025RS