Ch. 2

LAWS OF MARYLAND

(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:

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.

REVISOR'S NOTE: Paragraph (1) of this subsection is new
language derived without substantive change from the
sixth sentence and, except the exclusions, the first
and third sentences of former Art. 81, § 151 and from
the references, in §§ 149(a) and 150(a), to passing
"in trust or otherwise, to or for the use of"
enumerated persons.

Paragraph (2) of this subsection is new language
substituted for the second sentence of former Art. 81,
§ 151 to clarify the application of the form of title
                     for jointly held intangible property.

In paragraph (1) of this subsection, the words
"tangible or intangible" and "real or personal", which
formerly modified the term "property", are deleted as
unnecessary in light of the definition of "property".

In paragraph (l)(i) of this subsection, the references
to property passing "at or after the death of a
decedent" is added for clarity.

- 140 -