§ 13-218

Maryland § 13-218

• Jurisdiction: Maryland
• Article get: Estates and Trusts
• Title: 13

Text

(a) (1) Except in unusual circumstances and as provided in subsection (c) of this section, the guardian is entitled to compensation and reimbursement for actual and necessary expenses as provided in subsection (b) of this section.

(2) No petition or hearing is required to entitle the guardian to compensation and expenses.

(3) On the petition of any interested person and on a finding by the court that unusual circumstances exist, the court may increase or decrease compensation.

(b) (1) (i) Accounting from July 1, 1981, regardless of whether the guardianship estate was in existence at the time, income commissions are:

1. 6% on all income from real estate, ground rents, and mortgages collected in each year; and

2. A. 6.5% on the first $10,000 of all other income collected in each year;

B. 5% on the next $10,000;

C. 4% on the next $10,000; and

D. 3% on any remainder.

(ii) Income commissions shall be paid from and chargeable against income.

(iii) Income collected includes a portion of income payable to a trustee but withheld by the payor in compliance with revenue law.

(2) (i) Accounting from July 1, 1981, regardless of whether the guardianship estate was in existence at the time, commissions are payable at the end of each year on the fair value of the corpus or principal held in the guardianship estate at the end of each year as follows:

1. 0.4% on the first $250,000;

2. 0.25% on the next $250,000;

3. 0.15% on the next $500,000; and

4. 0.1% on any excess.

(ii) Corpus commissions under this paragraph shall be paid out of and chargeable against the corpus.

(iii) If a guardianship estate terminates, with respect to all or part of the corpus held in the guardianship estate in the course of a year, the commission for that year shall be reduced or prorated according to the part of the year elapsed and the amount of corpus as to which the guardianship estate terminates, and be chargeable, for that part of the year, and with respect to this part of the corpus, at the termination of the guardianship estate, on the then value of the corpus.

(3) (i) For selling real or leasehold property, a commission on the proceeds of the sale is payable at the rate allowed by rule of court or statute to guardians appointed to make sales under decrees or orders of the court for the county where the real or leasehold property is situated, or if the property is located outside of this State, for selling similar property in the county where the guardianship estate is being administered.

(ii) The commission described in subparagraph (i) of this paragraph is payable from the proceeds of the sale when collected.

(4) (i) On the final distribution of a guardianship estate or portion of a guardianship estate, an allowance is payable commensurate with the labor and responsibility involved in making the distribution, including the making of a division, the ascertainment of the parties entitled to the distribution, the ascertainment and payment of taxes, and any necessary transfer of assets.

(ii) The allowance described in subparagraph (i) of this paragraph is subject to revision or determination by a court having jurisdiction.

(iii) In the absence of special circumstances, the allowance described in subparagraph (i) of this paragraph shall be equal to 0.5% of the fair value of the corpus that is distributed.

(5) A guardian may petition the court for the county where the guardianship estate is located and obtain approval for an increase in fees after giving notice of the action to the interested parties of the guardianship estate.

(6) The legal and court costs incurred by the guardian in accordance with a court review under paragraph (5) of this subsection shall be charged against fees of the guardian and may not be assumed by the guardianship estate or the interested parties.

(c) If the guardian is appointed as the guardian of a disabled person who is a recipient of long–term care services and supports under the Maryland Medical Assistance Program and whose income is subject to § 15–122.3 of the Health – General Article, the guardian is not entitled to receive more than $50 per month in compensation unless the court makes a finding that unusual circumstances exist.