MD LEG Guardians of Property, Trustees

Published on: Apr 29, 2025

On Apr. 22, MD LEG enacted bill re commission for property guardians.

  • MD LEG approved HB 27 / SB 19 re compensation of guardians of property, trustees.
  • Amends Annotated code of Maryland, MD LEG 13-218, MD LEG 14.5-708, MD LEG 15-511(3), MD LEG 15-523, MD LEG 15-524(a), MD LEG 15-526(b)(5) estates and trusts.
  • Bill Provisions
  • Listed the commissions for annual compensation, and for additional income thereafter.
  • The guardian's income commissions will be paid from/chargeable against income and includes a portion of income payable to the trustee but withheld by the payor.
  • Commissions also payable at the end of each year on the fair value of the corpus or principal held in the guardianship estate at end of year, per each $250k and on excess.
  • If the guardian estate terminates, the commission for the year will be reduced or prorated according to the part of the year elapsed and the then value of the corpus.
  • Guardian may petition the court for an increase in fees after giving notice to parties.
  • Legal and court costs incurred by the guardian will be charged against fees of the guardian and will not be assumed by the guardianship estate or the interested parties.
  • If trust terms do not specify compensation, a reasonable amount will be determined.
  • Courts may also adjust trustee compensation based on specific duties of the trustee.
  • Legislative History
  • On Jan. 8, 2025, bill introduced in House; on Feb. 20, 2025, bill was passed in House.
  • On Feb. 21, 2025, bill delivered to Senate; on Apr. 2, 2025, bill was passed in Senate.
  • On Apr. 22, 2025, bill was approved by the governor and became Chapter 224, 223.
  • Effectiveness
  • Act becomes effective October 1, 2025.
Regulators
MD LEG
Entity Types
Fiduciary
Reference
Ch. 224, 223, Bill HB0027, SB0019, 4/22/2025; Citation: *MD LEG* 13-218, 14.5-708, 15-511, 15-523, 15-524, 15-526;
Functions
Compliance; Financial; Legal
Countries
United States of America
Category
State
N/A
Products
Mortgage; Wealth Mgt
Rule Type
Final
Regions
Am
Rule Date
Apr 22, 2025
Effective Date
Oct 1, 2025
Rule ID
252206
Linked to
N/A
Reg. Last Update
Apr 22, 2025
Report Section
US Consumer