Bill > HB199

This bill, titled the Estates - Maryland Uniform Simultaneous Death Act, updates Maryland law regarding how property is distributed when two or more individuals die at the same time or so close together that it's impossible to determine who died first. The core provision establishes a 120-hour survival rule, meaning that if it cannot be proven by clear and convincing evidence that a person survived another by at least 120 hours (approximately five days), they will be legally presumed to have died before the other person. This presumption applies to property ownership, inheritance, and beneficiary designations in various legal documents, referred to as "governing instruments," which include wills, trusts, insurance policies, and retirement plans. The bill also defines key terms like "co-owner with right of survivorship" and "governing instrument," and outlines exceptions to the 120-hour rule, such as when a governing instrument explicitly states otherwise or when applying the rule would lead to unintended consequences. Furthermore, it clarifies that payors, such as insurance companies or financial institutions, are protected from liability if they distribute assets in good faith based on apparent entitlement, unless they receive proper written notice of a claim disputing entitlement. This legislation aims to provide clearer guidelines for estate distribution in cases of simultaneous or near-simultaneous deaths, replacing older, less specific provisions.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0199?ys=2026RS