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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0375*
HOUSE BILL 375
N2 6lr1526
HB 868/25 – JUD CF SB 190
By: Delegate Stinnett
Introduced and read first time: January 19, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Interpretation of Wills – Evidence of Intent 2
(Granny’s Law) 3
FOR the purpose of authorizing, under certain circumstances, a personal representative to 4
petition the orphans’ court to interpret a deced ent’s will in accordance with the 5
decedent’s intent as demonstrated by certain extrinsic evidence; authorizing the 6
personal representative to require a certain legatee to demonstrate the use of a 7
legacy under the decedent’s will; requiring the court to int erpret a will in a certain 8
manner if certain language is included in the will; authorizing the personal 9
representative to petition the court to issue a certain order or judgment regarding 10
the legacy; applying certain provisions of this Act retroactively to wills probated on 11
or after a certain date; and generally relating to the interpretation of provisions of 12
wills and extrinsic evidence. 13
BY repealing and reenacting, with amendments, 14
Article – Estates and Trusts 15
Section 7–402 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18
BY adding to 19
Article – Health – General 20
Section 1–102 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2025 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Estates and Trusts 26
2 HOUSE BILL 375
7–402. 1
(a) (1) The personal representative may petition the court for permission to 2
act in any matter relating to the administration of the estate. 3
(2) (I) 1. A PERSONAL REPRESENTATIVE WHO HAS POWER OF 4
ATTORNEY WHOM A DECE DENT ALSO NAMED AS T HE DECEDENT’S CAREGIVER OR 5
WHO ACTED AS THE DECEDEN T’S CAREGIVER MAY PETITION THE COU RT TO 6
INTERPRET A WILL IN ACCORDANCE WITH THE INTENT OF THE DECEDENT IF: 7
A. THE WIL L CONTAINS A LEGACY FOR A HEALTH 8
PROVIDER OR A CHARITABLE ORGANIZAT ION IN A SECTOR THAT HAS A 9
DOCUMENTED NEED OF SUPPORT OR INEQUALITY OR IS DEEMED BY STATE LAW OR 10
POLICY TO BE IN NEED OF SUPPORT; AND 11
B. THE WILL DOES NOT EXP RESSLY PROVIDE THAT THE 12
LEGACY MUST BE USED TO ADDRESS ISSUES RELEVANT TO THE HEALTH PROVIDER 13
OR ORGANIZATION DESCRIBED UNDER ITEM A OF THIS SUBSUB PARAGRAPH EVEN 14
THOUGH THE DECEDENT’S LIFE REFLECTED AN ACTIVE INTEREST IN THOSE ISSUES. 15
2. A PERSONAL REPRESENTAT IVE WHO PETITIONS A 16
COURT UNDER THIS PARAGRAPH SHALL PRESENT EVIDENCE SATISFACTORY TO THE 17
COURT, INCLUDING EVIDENCE OF ACTIONS TAKEN BY THE DECEDENT DURING THE 18
DECEDENT’S LIFETIME, TO DEMONSTRATE THE I NTENT OF THE DECEDEN T UNDER 19
THIS SUBPARAGRAPH TH AT THE LEGACY TO THE HEALTH PROVIDER OR 20
CHARITABLE ORGANIZATION IN THE HEALTH SE CTOR MUST BE USED TO ADDRESS 21
HEALTH EQUITY ISSUES. 22
(II) THE COURT SHALL DEFER TO THE JUDGMENT OF T HE 23
PERSONAL REPRESENTAT IVE REGARDING THE AD MINISTRATION OF THE WILL 24
UNDER THIS PARAGRAPH IF THE WILL INCLUDES THE FOLLOWING LANGUAGE: 25
“IN ADDITION TO THE PO WERS CONFERRED UPON PERSONAL 26
REPRESENTATIVES AND TRUSTEES BY LAW, MY REPRESENTATIVE AND TRUSTEE, OR 27
ANY DULY APPOINTED S UCCESSOR, SHALL HAVE AUTHORIT Y WITHOUT 28
ADJUDICATION OR ORDER OR DIRECTION OF THE COURT TO: 29
(1) SELL, PURSUANT TO OPTION O R OTHERWISE , AT A PUBLIC OR 30
PRIVATE SALE AND UPON SUCH TERMS AS THE PERSONAL REPRESENTATIVE SHALL 31
DEEM BEST , ANY REAL OR PERSONAL PROPERTY BELONGING T O MY ESTATE 32
WITHOUT REGARD TO THE NECESSITY OF SUCH SALE FOR THE PURPOSE OF PAYING 33
DEBTS, TAXES, OR LEGACIES; 34
(2) RETAIN ANY AND ALL OF SUCH PROPERTY NOT SO REQUIRED 35
HOUSE BILL 375 3
WITHOUT LIABILITY FOR ANY DEPRECIATION THEREOF; 1
(3) ASSIGN OR TRANSFER CE RTIFICATES OF STOCK , BONDS, OR 2
OTHER SECURITIES; 3
(4) ADJUST, COMPROMISE, AND SETTLE ANY AND A LL CLAIMS IN 4
FAVOR OF OR AGAINST MY ESTATE; 5
(5) CONDUCT AND CARRY ON ALL BUSINESS UNTIL SUCH TIME AS THE 6
BUSINESS CAN BE SOLD AND DISTRIBUTED AS A GOING CONCERN OR OTH ERWISE, 7
AND THE PERSONAL REPRESE NTATIVE SHALL BE EXO NERATED FROM ANY LOS S 8
WHICH MAY RESULT THEREBY; AND 9
(6) DO ANY AND ALL THINGS NECESSARY AND PROPER TO COMPLETE 10
THE ADMINISTRATION O F ALL MY ESTATE AS F ULLY AS I COULD DO IF I WERE 11
LIVING.”. 12
(III) THE JUDGMENT OF A PERSONAL REPRES ENTATIVE TO 13
WHOM A COURT IS REQUIRED TO DEFER UNDER SUBPA RAGRAPH (II) OF THIS 14
PARAGRAPH: 15
1. INCLUDES ANY ACT TO A DDRESS AN ISSUE OR 16
DISPARITY DESCRIBED UNDER SUBPARAGRAPH (I)1B OF THIS PARAGRAPH; AND 17
2. SHALL BE CONSIDERED AUTHORIZED BY LAW UNLESS 18
THERE IS COMPELLING EVIDENCE THAT THE PE RSONAL REPRESENTATIV E IS 19
ACTING WITH INTENT TO COMMIT FRAUD AGAINST THE ESTATE. 20
(IV) THE PROVISION DESCRIBED IN SUBPARAGRAPH (II) OF THIS 21
PARAGRAPH SHALL BE INTERPRETED TO ENSURE THAT: 22
1. ALL INDIVIDUALS WITH POWERS OF ATTORNEY O R 23
NAMED AS CAREGIVERS BY THE DECEDENT , OR WHO ACTED AS CAREGIVER S FOR 24
THE DECEDENT, DURING THE DECEDENT’S LIFETIME ARE HELD ACCOUNTABLE AND 25
PROTECTED; AND 26
2. A PERSONAL REPRESENTAT IVE UNDER THIS 27
PARAGRAPH HOLDS AN INTERESTED PERSON ACCOUNTABLE FOR THE INTERESTED 28
PERSON’S ACTIONS OR INACTIONS TOWARD, RELATED TO , IN HONOR OF , OR ON 29
BEHALF OF THE DECEDENT. 30
(V) 1. FOR THE PERIOD BEGINN ING 6 MONTHS AFTER THE 31
PROBATE OF THE ESTAT E AND ENDING 3 YEARS AFTER THE P ROBATE OF THE 32
4 HOUSE BILL 375
ESTATE, A PERSONAL REPRESENT ATIVE WHO PETITIONS THE COURT UNDER 1
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH MA Y REQUIRE A LEGATEE DESCRIBED 2
UNDER SUBPARAGRAPH (I)1A OF THIS PARAGRAPH TO DEMONSTRATE HOW THE 3
LEGACY WAS USED BY THE LEGATEE. 4
2. IF THE LEGATEE FAILS TO DEMONSTRATE THAT THE 5
LEGACY WAS USED IN A CCORDANCE WITH THE I NTERPRETATION OF THE WILL 6
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE PERSONAL REPRESENTATIVE 7
MAY PETITION THE COURT TO ISSUE: 8
A. AN ORDER REQUIRING THE BENEFICIARY TO RETURN 9
THE LEGACY TO THE ESTATE; OR 10
B. A JUDGMENT REQUIRING THE LEGATEE TO PAY TH E 11
ESTATE THE VALUE OF THE LEGACY. 12
(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 13
court may pass any order it considers proper. 14
(2) IN A PROCEEDING UNDER SUBSECTION (A)(2) OF THIS SECTION , 15
THE COURT, WITH THE APPROVAL OF THE PERSONAL REPRESENTATIVE, MAY PASS 16
ANY ORDER IT CONSIDERS: 17
(I) PROPER; AND 18
(II) CONSISTENT WITH THE GUIDANCE IN SUBSECTION (A)(2) OF 19
THIS SECTION. 20
SECTION 2. AND BE IT FU RTHER ENACTED, That the Laws of Maryland read 21
as follows: 22
Article – Health – General 23
1–102. 24
IT IS THE POLICY OF T HE STATE TO OPPOSE AND ALLEVIATE ANY DISPARITY 25
IN HEALTH OUTCOMES FOR AND AMONG RACIAL GROUPS IN THE STATE RESULTING 26
FROM THE PROVISION O F TREATMENT OTHERWIS E AVAILABLE TO ASSIS T THE 27
PUBLIC IN GENERAL, AND TO ENCOURAGE AND SUPPORT THE MAKING OF GIFTS AND 28
BEQUESTS CONSISTENT WITH THIS POLICY TO ADDRESS AND ALLEVIAT E SUCH 29
HEALTH DISPARITIES. 30
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 31
construed to apply retroactively and shall be applied to and interpreted to affect any will 32
HOUSE BILL 375 5
probated on or after October 1, 2021. 1
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2026. 3