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<section article="get" article_name="Estates and Trusts" number="15-502.3" title_number="15" title_name="Fiduciaries" subtitle_number="5" subtitle_name="Maryland Uniform Principal and Income Act">
  <level label="a">
    <text>In this section, “qualified beneficiary” means:</text>
    <level label="1">
      <text>A person who, on the date that notice is given by the trustee in accordance with subsection (b) of this section:</text>
      <level label="i">
        <text>Is a distributee or permissible distributee of the income or principal of the trust estate;</text>
      </level>
      <level label="ii">
        <text>Would be a distributee or permissible distributee of the income or principal of the trust estate if the interests of the distributees described in item (i) of this paragraph terminated on the date that notice is given by the trustee; or</text>
      </level>
      <level label="iii">
        <text>Would be a distributee or permissible distributee of the income or principal of the trust estate if the trust were to terminate on the date that notice is given by the trustee and no powers of appointment were exercised;</text>
      </level>
    </level>
    <level label="2">
      <text>If an individual described in paragraph (1) of this subsection is a minor, the individual’s natural or legal guardian; or</text>
    </level>
    <level label="3">
      <text>If an individual described in paragraph (1) of this subsection is a disabled person, as defined in § 13-101 of this article, any person acting on behalf of the individual under a guardianship, conservatorship, or committee.</text>
    </level>
  </level>
  <level label="b">
    <text>A trustee shall give notice of a proposed decision regarding the exercise or nonexercise of the discretionary power conferred under:</text>
    <level label="1">
      <text>Section 15-502.1(a) of this subtitle to convert a trust to a unitrust;</text>
    </level>
    <level label="2">
      <text>Section 15-502.1(i) of this subtitle to reconvert from a unitrust; or</text>
    </level>
    <level label="3">
      <text>Section 15-502.2(a) of this subtitle to adjust between principal and income.</text>
    </level>
  </level>
  <level label="c">
    <text>The trustee shall mail the notice required under subsection (b) of this section to:</text>
    <level label="1">
      <text>All qualified beneficiaries, except that notice of the proposed decision need not be given to any qualified beneficiary who consents in writing to the proposed decision at any time before the notice is mailed; and</text>
    </level>
    <level label="2">
      <text>The creator of the trust, if living.</text>
    </level>
  </level>
  <level label="d">
    <text>The notice of proposed decision shall state that it is given in accordance with this section and shall state the following:</text>
    <level label="1">
      <text>The name and mailing address of the trustee, together with the name and telephone number of a person who may be contacted for additional information;</text>
    </level>
    <level label="2">
      <text>A description of the decision proposed to be taken and, if the proposed decision also includes an action that requires an order of a court in accordance with § 15-502.1 or § 15-502.2 of this subtitle, a description of that action;</text>
    </level>
    <level label="3">
      <text>The time within which written consents to the proposed decision may be given to the trustee, which shall be at least 30 days after the mailing of the notice of proposed decision; and</text>
    </level>
    <level label="4">
      <text>The date on or after which the proposed decision may be taken or is effective, which shall be after the end of the time within which consents to the proposed decision may be given to the trustee.</text>
    </level>
  </level>
  <level label="e">
    <text>If the trustee receives the written consent of all qualified beneficiaries, then the trustee shall undertake the proposed decision unless the proposed decision also includes an action that requires an order of a court in accordance with § 15-502.1 or § 15-502.2 of this subtitle.</text>
  </level>
  <level label="f">
    <text>If any qualified beneficiary does not consent to the proposed decision, or if the proposed decision includes an action that requires an order of a court under § 15-502.1 or § 15-502.2 of this subtitle, then the trustee or any qualified beneficiary may file a petition to review the proposed decision in the circuit court for the county in which the trustee resides in this State, if the trustee is an individual, or in which the principal place of business of the trustee is located in this State.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>In a proceeding under subsection (f) of this section:</text>
      <level label="i">
        <text>With respect to the power to convert to a unitrust under § 15-502.1(a) of this subtitle or to reconvert from a unitrust under § 15-502.1(i) of this subtitle, the sole remedy in the proceeding is to direct, deny, or revise the conversion to a unitrust or reconversion from a unitrust; and</text>
      </level>
      <level label="ii">
        <text>With respect to the power to adjust between principal and income under § 15-502.2(a) of this subtitle, the sole remedy in the proceeding is to direct, deny, or revise the adjustment between principal and income.</text>
      </level>
    </level>
    <level label="2">
      <text>Notice of the proceeding shall be given by the petitioner to the trustee and to all qualified beneficiaries.</text>
    </level>
  </level>
  <level label="h">
    <text>Any action taken or not taken in accordance with the provisions of this section shall be binding on the trustee, all qualified beneficiaries, and any other person who has a present or future interest in the trust, vested or contingent, including any unborn or unascertained beneficiary, and the trustee is not liable to any person for that action taken or not taken.</text>
  </level>
</section>
