2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 3-408 - Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent


MD Cts & Jud Pro Code § 3-408 (2013) What's This?

§3-408.

Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary of a trust, in the administration of a trust, or of the estate of a decedent, a minor, disabled person, or insolvent, may have a declaration of rights or legal relations in respect to the trust or the estate of a decedent in order to:

(1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;

(2) Direct the personal representative, guardian, or other fiduciary or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

§ 3-408 - 1. Land patent proceedings

(a) Meaning of "Commissioner", "land", and "patent". -- In this section, "Commissioner", "land", and "patent" have the same meanings as provided in Title 13 of the Real Property Article.

(b) Declaratory judgment authorized; exhibits. -- A court shall render a declaratory judgment in a land patent proceeding on being requested to do so under § 13-407 of the Real Property Article. The party filing for the declaratory judgment shall attach as exhibits copies of any relevant material filed with the Commissioner.

(c) Declaration generally; appeal. -- The declaration shall be made according to the provisions of this subtitle and Title 13 of the Real Property Article. The declaratory judgment may be appealed as provided in this article and the Maryland Rules.

(d) Land on which declaration binding. -- The declaration of the court shall be binding on all of the land, regardless of whether some of the land is located in a county other than where the court is located.

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