Full Statute Name:  West's Annotated Code of Maryland. Estates and Trusts. Title 14.5. Maryland Trust Act. Subtitle 4. Creation, Validity, Modification, and Termination of Trust. § 14.5-407. Trusts created to care for animals

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Primary Citation:  MD Code, Estates and Trusts, § 14.5-407 Country of Origin:  United States Last Checked:  December, 2016 Alternate Citation:  MD EST & TRST § 14.5-407 Date Adopted:  2009
Summary: Maryland enacted its original "pet trust" law in 2009. The law was then repealed and reenacted in 2015 under a different section. 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).
Statute Text: 

In general

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

Termination of trust

(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.

Enforcement of trust

(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 has been established, may request the court to appoint a person to enforce the trust or to remove a person appointed.

Distribution of property not required for use of trust

(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.

Credits
Added by Acts 2014, c. 585, § 1, eff. Jan. 1, 2015.

 

 

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