(a) In this section, “interested party” means a beneficiary, representative of a beneficiary, co–trustee, successor trustee, or any other person having an interest in or authority over a trust.
(b) A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) At the time of the consent, release, or ratification, the beneficiary did not know of the rights of the beneficiary or of the material facts relating to the breach.
(c) (1) When a trust terminates in accordance with the terms of the trust or Subtitle 4 of this title, or on the removal or resignation of a trustee in accordance with the terms of the trust or Subtitle 7 of this title, a trustee may elect to follow the procedures set forth in this subsection concerning the release of the trustee from liability for the administration of the trust.
(2) A trustee seeking a release of the trustee from liability under this subsection shall send to each interested party, by first–class, certified mail, return receipt requested, a report that:
(i) Informs the interested party that the trust is terminating or that the trustee has resigned or has been removed;
(ii) Provides the interested party:
1. An accounting of the trust, such as account statements, for the immediately preceding 5 years;
2. An estimate of any trust property or interests reasonably anticipated but not yet received or disbursed; and
3. The amount of any fees, including trustee fees, remaining to be paid; and
(iii) Notifies the interested party that:
1. The interested party may submit a written objection to the trustee regarding the trustee’s administration of the trust within 120 days after the trustee mailed the report;
2. If the interested party does not submit a written objection to the trustee within 120 days after the trustee mailed the report, the interested party shall be deemed to have released the trustee and consented to and ratified all actions of the trustee; and
3. The trustee is unaware of any undisclosed information that could give rise to a claim by an interested party.
(d) If an interested party does not submit a written objection to the trustee within 120 days after the trustee mailed the report, the interested party shall be deemed to have released the trustee and consented to and ratified all actions of the trustee.
(e) If no interested party submits a written objection to the trustee within 120 days after the trustee mailed the report, the trustee shall distribute the trust property to the appropriate successors in interest within a reasonable period of time.
(f) If an interested party submits a written objection to the trustee within 120 days after the trustee mailed the report, the objection may be:
(1) Submitted to the court, with notice to all interested parties, to commence a proceeding for resolution of the objection; or
(2) Resolved by the agreement of all interested parties and the trustee, in accordance with applicable laws.
Structure Maryland Statutes
Title 14.5 - Maryland Trust Act
Subtitle 9 - Liability of Trustees and Rights of Persons Dealing With the Trustee
Section 14.5-901 - Breach of Trust
Section 14.5-902 - Extent of Liability; Contribution
Section 14.5-904 - Limitation Period for Breach of Trust Action
Section 14.5-906 - Exculpatory Clauses Unenforceable
Section 14.5-907 - Consent, Release, or Ratification by Beneficiary
Section 14.5-908 - Actions and Claims Against Trustee
Section 14.5-909 - Protection of Persons Dealing With Trustees