Current with changes from the 2024 Legislative Session
Section 7-201 - Definitions(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: (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; or4. 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; orC. 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.