Q: Are the Maryland Trust Act requirements for notice and documents retroactive to Trusts established before 2015?
My father died in Dec 2017. I never received notice or documents for the Trust, although I requested these from the two trustees: my younger sister and the estate tax lawyer. Is the 2015 MTA notice provision retroactive to the 2012 Trust ?
Specifically, I refer to:
"The terms of a trust prevail over Maryland Trust Act provisions, except for certain mandatory provisions that cannot be waived or drafted around, including certain notice provisions, the scope of the court’s authority, and the duty of the trustee to act reasonably.
Duty to Inform & Report:
The Duty to Inform & Report is a critical part of the new law.
Within 60 days of accepting trusteeship (after January 1, 2015), a trustee must notify all qualified beneficiaries of the trustee’s acceptance of the trust and of the trustee’s name, address, and telephone number.
When a new irrevocable trust is created (or a formerly revocable trust becomes irrevocable) on or after January 1, 2015, the trustee must notify ...
A: Yes, it applies, but only upon a new trustee taking over trusteeship after January 1, 2015. Existing trustees in place before January 1, 2015 would not need to send out the notice. If the trust changed from revocable to irrevocable (typically upon the death of the last settler of the trust) after January 1, 2015, then the law would apply as well. What is it that you would like to do? If you are a beneficiary of the trust, you have certain rights to information regarding the trust assets.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
