2013 Maryland Code
ESTATES AND TRUSTS
§ 14-111 - Donation of conservation easement
§14-111.
(a) (1) In this section, “beneficiary” means an ascertainable person who has a present or future interest in a trust estate.
(2) “Beneficiary” includes:
(i) If the beneficiary is a minor, the beneficiary’s natural or legal guardian; or
(ii) If the beneficiary is a disabled person, as defined in § 13-101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.
(b) A trustee may donate a conservation easement on any real property, or consent to the donation of a conservation easement on any real property by a personal representative of an estate of which the trustee is a legatee, in order to obtain the benefit of the estate tax exclusion allowed under § 2031(c) of the United States Internal Revenue Code of 1986, as amended, if:
(1) The governing instrument authorizes or directs the donation of a conservation easement on the real property; or
(2) Each beneficiary who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
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