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Maryland

West's Annotated Code of Maryland. Estates and Trusts. Title 14. Trusts. Subtitle 1. General Provisions. § 14-112. Trusts for care of animals

Statute Details
Printable Version
Citation: MD EST & TRST § 14-112

Citation: MD Code, Estates and Trusts, § 14-112


Last Checked by Web Center Staff: 01/2014

Summary:   Maryland enacted its "pet trust" law in 2009. Under the law, a trust may be created to provide for the care of an animal alive during the lifetime of the settlor. The trust terminates when the last animal subject to the trust dies. The property of the trust may only be used for the intended purpose of the trust (e.g., taking care of the animal) unless the court determines that the value exceeds the amount required for care.


Statute in Full:

(a) A trust may be created to provide for the care of an animal alive during the lifetime of the settlor.

(b) A trust authorized by this section terminates:

(1) If created to provide for the care of one animal alive during the lifetime of the settlor, on the death of the animal; or

(2) If created to provide for the care of more than one animal alive during the lifetime of the settlor, on the death of the last surviving animal.

(c)(1) A trust authorized by this section may be enforced by a person appointed under the terms of the trust or, if no person is appointed, by a person appointed by the court.

(2) A person having an interest in the welfare of an animal the care for which a trust is established may request the court to appoint a person to enforce the trust or to remove a person appointed.

(d)(1) Except to the extent that the court may determine that the value of a trust authorized by this section exceeds the amount required for the use intended by the trust, the property of the trust may be applied only to the intended use of the trust.

(2) Except as otherwise provided under the terms of the trust, property not required for the intended use of the trust shall be distributed:

(i) To the settlor, if living; or

(ii) If the settlor is deceased, to the successors in interest of the settlor.

CREDIT(S)

Added by Acts 2009, c. 132, § 1, eff. Oct. 1, 2009.


HISTORICAL AND STATUTORY NOTES

2009 Legislation

Acts 2009, c. 132, § 2, provides:


“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to a trust created before the effective date of this Act.”

 



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