Maryland Code, ESTATES AND TRUSTS 14-606
Terms Used In Maryland Code, ESTATES AND TRUSTS 14-606
- Fiduciary: A trustee, executor, or administrator.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(1) Determine whether a proposed or attempted exercise of the decanting power is allowed under this subtitle and consistent with the fiduciary duties of the authorized fiduciary;
(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised and to exercise the decanting power;
(3) Approve the exercise of the decanting power;
(4) Determine that the proposed or attempted exercise of the decanting power is ineffective:
(i) Due to a failure to comply with the provisions of this subtitle;
(ii) As an abuse of the authorized fiduciary’s discretion; or
(iii) As a breach of the authorized fiduciary’s fiduciary duties;
(5) Determine the extent to which § 14-619 of this subtitle applies to a prior exercise of the decanting power;
(6) Determine the application of § 14-619 of this subtitle to a prior exercise of the decanting power; or
(7) Order other relief to carry out the purposes of this title.