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KARSENTY v. SCHOUKROUN

No. 2, September Term, 2008.

959 A.2d 1147 (2008)

406 Md. 469

Maryse L. KARSENTY, et al. v. Kathleen Sexton SCHOUKROUN.

Court of Appeals of Maryland.

November 12, 2008.

Attorney(s) appearing for the Case

Linda K. Brown of Laurel, Karen D. Amos of Ellicott City, for petitioner/cross respondents.

J. Marcus Slowiak of Annapolis, for respondent/cross petitioner.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE, (Retired, Specially Assigned), IRMA S. RAKER, (Retired, Specially Assigned) and ALAN M. WILNER, (Retired, Specially Assigned), JJ.

HARRELL, J.

We are asked in this case to decide whether an inter vivos transfer, in which a deceased spouse retained control over the transferred property during his lifetime, constitutes a per se violation of the surviving spouse's statutory, elective right to a percentage of the deceased spouse's net estate under Maryland Code (1974, 2001 Repl.Vol., 2008 Cum.Supp.), Estates and Trusts Article, § 3-203.1 The Circuit...

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