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Maryse L. Karsenty, et al. v. Kathleen Sexton Schoukroun, No. 2, September Term 2008 ESTAT ES AN D TRU STS - ELE CTIVE SHAR E - A DE CEDE NT SPO USE'S RETAINED CONTROL OVER AN ASSET DURING LIFE, FOLLOWING INTER VIVOS TRANSFER OF THE ASSET, DOES NOT CONSTITUTE NECESSARILY AN UNLAWFUL FRUSTRATION OF THE SURVIVING SPOUSE'S STATUTORY RIGHT TO AN ELECTIVE SHARE OF THE DECEDENT'S NET ESTATE. ESTATES AND TRUSTS - ELECTIVE SHARE - A COURT CONSIDERING WHETHER AN INTER VIVOS TRANSFER SHOULD BE SET ASIDE AS AN UNLAWFUL FRUSTRATION OF A SURVIVING SPOUSE'S STATUTORY RIGHT TO AN ELECTIVE SHARE MUST DETERMINE WHETHER THE DECEDENT INTENDED THAT THE ASSAILED TRANSFER BE A MERE DEVICE OR CONTRIVANCE AND MUST MAKE ITS DETERMINATION ON A CASE-BYCASE BASIS.

Circuit Co urt for Anne A rundel Co unty Case No. C-05-104607

IN THE COURT OF APPEALS OF MARYLAND No. 2 September Term, 2008

MAR YSE L . KAR SENT Y, et al. v. KATHLEEN SEXTON SCHOUKROUN

Bell, C.J. Harrell Battaglia Greene Eldridge, John C. (Retired, Specially Assigned) Rake r, Irma S . (Retired , Specially Assigned), Wilner, Alan M. (Retired, Specially Assigned), JJ.

Opinion by Harrell, J.

Filed: November 12, 2008

We are asked in this case to decide whether an inter vivos transfer, in which a deceased spouse reta ined 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,

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