Control over non-probate property devices not a per se denial of elective share rights

The decedent had created a funded inter vivos revocable trust which on his death was for the sole benefit of his daughter by a prior marriage.

His widow renounced the will and claimed her statutory one-third share of decedent’s estate under Maryland’s forced share statute.

In Karsenty v. Schoukroun, 959 A.2d 1147 (Md. 2008), the court held that retention of control by the decedent was not enough to make an inter vivos transfer subject to the elective share and remanded for a determination of whether or not the transfer was intended to frustrate the spouse’s martial rights.