- (a) In this subtitle the following words have the meanings indicated.
- (b) “Estate” means property that is subject to administration under the Estates and Trusts Article as the estate of a decedent.
(c)
- (1) “Less than absolute interest” means an interest less than an absolute interest in property, in trust or otherwise.
(2) “Less than absolute interest” includes:
- (i) a life estate;
- (ii) an interest for a term of years;
- (iii) a contingent or vested remainder, or executory or reversionary interest that a person other than the decedent creates; or
- (iv) any other interest that is less than absolute.
(d)
(1) “Property that passes from a decedent” includes:
- (i) property that passes, by will or under the intestate laws of the State, at or after the death of a decedent, in trust or otherwise, to or for the use of another person;
- (ii) property in which, at death, a decedent had an interest as a joint tenant; or
(iii) except for a bona fide sale for an adequate and full consideration in money or money's worth, property that passes by an inter vivos transfer by a decedent, in trust or otherwise, if:
- 1. the transfer is made in contemplation of death;
- 2. the transfer of a material part of the property of the decedent in the nature of a final disposition or distribution is made by the decedent within 2 years before death and is not shown to not have been made in contemplation of death;
- 3. the transfer is intended to take effect in possession or enjoyment at or after the death of the decedent; or
4. under the transfer, the decedent retained any dominion over the transferred property during the life of the decedent, including the retention of:
- A. a beneficial interest;
- B. a power of revocation, absolute or conditional; or
- C. a power of appointment by will or otherwise.
- (2) Notwithstanding any parol agreement, the written form of the title is controlling for intangible personal property held in joint tenancy.
(e)
- (1) “Subsequent interest” means a vested or contingent remainder, executory or reversionary interest, or other future interest that is created by a decedent and will or may vest in possession after the death of the decedent.
- (2) “Subsequent interest” includes a sole or concurrent subsequent interest.
Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989.
Formerly Art. 81, §§ 149 to 151, 160, 161.