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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) The following form may be used to create a trust by transfer:
“Transfer Under the Maryland Discretionary Trust ActA. I, __________ (name of transferor or name of representative capacity if a fiduciary), transfer the property described in paragraph D to the trustee named in paragraph B, and such trustee's successors, to be held in trust under the Maryland Discretionary Trust Act by the trustee for the benefit of the beneficiary named in paragraph C.
B. 1. The trustee shall be __________ (name one or more).
2. At any time when the trustee is unable to serve as trustee, the following persons shall succeed as trustee in the order named (specify who replaces whom for multiple trustees):
i.
ii.
iii.
C. The beneficiary shall be
D. The trust property shall be:
1.
2.
E. The trust shall terminate upon the first to occur of (check those applicable):
1. __________ the death of the beneficiary
2. __________ the following date:
3. __________ the following event:
(name person or persons)
G. Revocability (check one):
1. __________ The transferor may revoke this trust.
2. __________ The transferor may not revoke this trust.
Signature of transferor
Date of execution
Signature of witness
Date:
Name of attorney preparing this statement of transfer:
State of Maryland, ____________________:ss
I hereby certify that on _______________ (fill in date) before me, a notary public of the State of Maryland, personally appeared _______________ (name of transferor) known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and who acknowledges that he/she (strike one) executed the same for the purposes therein contained.
Witness my hand and Notarial Seal.
|
________________________________ |
|
|
Notary Public |
My commission expires: _______________.”
(b) The following form may be used to create a trust by declaration:
“Declaration of Trust Under the Maryland Discretionary Trust ActA. I, _______________ (name of property owner) declare that henceforth I as trustee will hold the property described in paragraph D in trust under the Maryland Discretionary Trust Act for the benefit of the beneficiary named in paragraph C.
(name one or more)
2. At any time when the trustee who succeeds me is unable to serve as trustee, the following persons shall succeed as trustee in the order named (specify who replaces whom for multiple trustees):
i.
ii.
iii. .
C. The beneficiary shall be .
D. The trust property shall be:
1.
.
2.
.
E. The trust shall terminate upon the first to occur of (check those applicable):
1. _____ The death of the beneficiary
2. _____ The following date:
3. _____ The following event:
.
(name person or persons)
G. Revocability (check one):
1. __________ The declarant may revoke this trust.
2. __________ The declarant may not revoke this trust.
Signature of declarant
Date of execution
Signature of witness
Date
Name of attorney preparing this declaration:
State of Maryland, ____________________ :ss
I hereby certify that on _______________ (fill in date) before me, a notary public of the State of Maryland, personally appeared _______________ (name of declarant) known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and who acknowledges that he/she (strike one) executed the same for the purposes therein contained.
Witness my hand and Notarial Seal.
|
________________________________ |
|
|
Notary Public |
My commission expires: ____________________”.
Cite this article: FindLaw.com - Maryland Code, Estates and Trusts § 14-407 - last updated January 01, 2025 | https://codes.findlaw.com/md/estates-and-trusts/md-code-est-and-trst-sect-14-407/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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