What kinds of trusts does Maryland law recognize?

Revocable and irrevocable trusts (Est. & Trusts § 14.5-602), charitable trusts, trusts for the care of an animal alive during the settlor's lifetime (Est. & Trusts § 14.5-407), trusts for a noncharitable purpose, enforceable for 21 years unless the settlor elects otherwise (Est. & Trusts § 14.5-408), and special needs or supplemental needs trusts, which State policy encourages (Est. & Trusts § 14.5-1002).

Can a Maryland trust last forever?

Maryland preserves the common-law rule against perpetuities, but it does not apply to a trust whose governing instrument says so and whose trustee holds the power to sell the trust property, among the statute's other exceptions (Est. & Trusts § 11-102(b)).

What makes a valid trust in Maryland?

A settlor with capacity who indicates an intention to create the trust, a definite beneficiary (or a charitable, animal or noncharitable-purpose trust), and duties for the trustee to perform (Est. & Trusts § 14.5-402(a)).

Types of Trusts in Maryland

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Common types of Trusts in Maryland

Revocable living Trust

Created during life and changeable anytime; commonly used to avoid probate and plan for incapacity. You keep control — so it is not asset protection.

Irrevocable Trust

Generally can't be changed or revoked once created; you give up control in exchange for benefits some irrevocable Trusts can offer, such as certain tax or planning goals. Fact-specific — for an attorney to design.

Testamentary Trust

Created by your will and funded only after death, through probate. Useful for leaving assets to minors or in stages.

Special needs (supplemental needs) Trust

Holds assets for a beneficiary with disabilities without disrupting needs-based public benefits like Medicaid or SSI, when properly drafted.

Spendthrift Trust

Includes a spendthrift provision that restrains a beneficiary's ability to transfer their interest and limits some creditors' reach (Est. & Trusts § 14.5-504), within limits.

Charitable Trust

Benefits a charitable purpose; certain forms can combine giving with income or tax planning. Design and compliance are an attorney/advisor matter.

Trust for a pet

A Maryland trust for the care of an animal alive during the settlor's lifetime, which the Maryland Trust Act provides for (Est. & Trusts § 14.5-407); it ends when the last covered animal dies.

Which type of Trust fits your goals?

Trusts are tools — the right one (if any) depends entirely on your goals, your family, your assets, and tax considerations. This page is general information, not legal advice. A free role check can show you where you stand, and a Maryland attorney can design what fits your situation.

General information about Maryland law, not legal advice.

Frequently asked questions

What kinds of trusts does Maryland law recognize?: Revocable and irrevocable trusts (Est. & Trusts § 14.5-602), charitable trusts, trusts for the care of an animal alive during the settlor's lifetime (Est. & Trusts § 14.5-407), trusts for a noncharitable purpose, enforceable for 21 years unless the settlor elects otherwise (Est. & Trusts § 14.5-408), and special needs or supplemental needs trusts, which State policy encourages (Est. & Trusts § 14.5-1002).
Can a Maryland trust last forever?: Maryland preserves the common-law rule against perpetuities, but it does not apply to a trust whose governing instrument says so and whose trustee holds the power to sell the trust property, among the statute's other exceptions (Est. & Trusts § 11-102(b)).
What makes a valid trust in Maryland?: A settlor with capacity who indicates an intention to create the trust, a definite beneficiary (or a charitable, animal or noncharitable-purpose trust), and duties for the trustee to perform (Est. & Trusts § 14.5-402(a)).

General information about Maryland law, not legal advice.