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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0190*
SENATE BILL 190
N2 6lr1529
SB 1029/25 – JPR (PRE–FILED) CF 6lr1526
By: Senator Muse
Requested: October 29, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
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 decedent’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 interpret 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 SENATE BILL 190
7–402. 1
(a) (1) The personal representative may petit ion 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 DEC EDENT’S CAREGIVE R MAY PETITION THE C OURT TO 6
INTERPRET A WILL IN ACCORDANCE WITH THE INTENT OF THE DECEDENT IF: 7
A. THE WILL CONTAINS A L EGACY FOR A HEALTH 8
PROVIDER OR A CHARIT ABLE ORGANIZATION 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 DESC RIBED UNDER ITEM A OF THIS SUBSUBPARAGR APH 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 J UDGMENT OF THE 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 AUTHORITY 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
SENATE BILL 190 3
(2) RETAIN ANY AND ALL OF SUCH PROPERTY NOT SO REQUIRED 1
WITHOUT LIABILITY FOR ANY DEPRECIATION THEREOF; 2
(3) ASSIGN OR TRANSFER CE RTIFICATES OF STOCK , BONDS, OR 3
OTHER SECURITIES; 4
(4) ADJUST, COMPROMISE, AND SETTLE ANY AND A LL CLAIMS IN 5
FAVOR OF OR AGAINST MY ESTATE; 6
(5) CONDUCT AND CARRY ON ALL BUSINESS UNTIL SUCH TIME AS THE 7
BUSINESS CAN BE SOLD AND DIST RIBUTED AS A GOING C ONCERN OR OTHERWISE, 8
AND THE PERSONAL REP RESENTATIVE SHALL BE EXONERATED FROM ANY LOSS 9
WHICH MAY RESULT THEREBY; AND 10
(6) DO ANY AND ALL THINGS NECESSARY AND PROPER TO COMPLETE 11
THE ADMINISTRATION O F ALL MY ESTATE A S FULLY AS I COULD DO IF I WERE 12
LIVING.”. 13
(III) THE JUDGMENT OF A PER SONAL REPRESENTATIVE TO 14
WHOM A COURT IS REQU IRED TO DEFER UNDER SUBPARAGRAPH (II) OF THIS 15
PARAGRAPH: 16
1. INCLUDES ANY ACT TO A DDRESS AN ISSUE OR 17
DISPARITY DESCRIBED UNDER SUBPARAGRAPH (I)1B OF THIS PARAGRAPH; AND 18
2. SHALL BE CONSIDERED AUTHORIZED BY LAW UNLESS 19
THERE IS COMPELLING EVIDENCE THAT THE PE RSONAL REPRESENTATIV E IS 20
ACTING WITH INTENT TO COMMIT FRAUD AGAINST THE ESTATE. 21
(IV) THE PROVISION DESCRIBED IN SUBPARAGRAPH (II) OF THIS 22
PARAGRAPH SHALL BE INTERPRETED TO ENSURE THAT: 23
1. ALL INDIVIDUALS WITH POWERS OF ATTORNEY O R 24
NAMED AS CAREGIVERS BY THE DECEDENT , OR WHO ACTED AS CARE GIVERS FOR 25
THE DECEDENT, DURING THE DECEDENT’S LIFETIME ARE HELD ACCOUNTABLE AND 26
PROTECTED; AND 27
2. A PERSONAL REPRESENTAT IVE UNDER THIS 28
PARAGRAPH HOLDS AN INTERESTED PERSON ACCOUNTABLE FOR THE INTERESTED 29
PERSON’S ACTIONS OR INACTIO NS TOWARD , RELATED TO , IN HONOR OF , OR ON 30
BEHALF OF THE DECEDENT. 31
(V) 1. FOR THE PERIOD BEGINN ING 6 MONTHS AFTER THE 32
4 SENATE BILL 190
PROBATE OF THE ESTAT E AND ENDING 3 YEARS AFTER THE PROB ATE OF THE 1
ESTATE, A PERSONAL REPRESENT ATIVE WHO PETITIONS THE COURT UNDER 2
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH MA Y REQUIRE A LEGATEE DESCRIBED 3
UNDER SUBPARAGRAPH (I)1A OF THIS PARAG RAPH TO DEMONSTRATE HOW THE 4
LEGACY WAS USED BY THE LEGATEE. 5
2. IF THE LEGATEE FAILS TO DEMONSTRATE THAT THE 6
LEGACY WAS USED IN A CCORDANCE WITH THE I NTERPRETATION OF THE WILL 7
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE PERSONAL REPRESENTATIVE 8
MAY PETITION THE COURT TO ISSUE: 9
A. AN ORDER REQUIRING THE BENEFICIARY TO RETURN 10
THE LEGACY TO THE ESTATE; OR 11
B. A JUDGMENT REQUIRING THE LEGATEE TO PAY TH E 12
ESTATE THE VALUE OF THE LEGACY. 13
(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 14
court may pass any order it considers proper. 15
(2) IN A PROCEEDING UNDER SUBSECTION (A)(2) OF THIS SECTION , 16
THE COURT, WITH THE APPROVAL OF THE PERSONAL REPRESENTATIVE, MAY PASS 17
ANY ORDER IT CONSIDERS: 18
(I) PROPER; AND 19
(II) CONSISTENT WITH THE GUIDANCE IN SUBSECTION (A)(2) OF 20
THIS SECTION. 21
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 22
as follows: 23
Article – Health – General 24
1–102. 25
IT IS THE POLICY OF T HE STATE TO OPPOSE AND ALLEVIATE ANY DISPARITY 26
IN HEALTH OUTCOMES FOR AND AMONG RACIAL GROUPS IN THE STATE RESULTING 27
FROM THE PROVISION O F TREATMENT OTHERWIS E AVAILABLE TO ASSIS T THE 28
PUBLIC IN GENERAL, AND TO ENCOURAGE AND SUPPORT THE MAKING OF GIFTS AND 29
BEQUESTS CONSISTENT WITH THIS POLICY TO ADDRESS AND ALLEVIAT E SUCH 30
HEALTH DISPARITIES. 31
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 32
SENATE BILL 190 5
construed to apply retroactively and shall be applied to and interpreted to affect any will 1
probated on or after October 1, 2021. 2
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4