- 14 - possession or enjoyment of decedent’s residence within the meaning of that section. It is the estate’s position that he did not. It is respondent’s position that he did. In support of the estate’s position under section 2036(a)(1), the estate argues: Here, the decedent made three transfers. The transfers were for less than full consideration. In fact they were gratuitous; gifts to his children. However, they were not transfers under which he re- tained for his life the right to possession or enjoy- ment of the property transferred or the income from the property. The deeds were absolute transfers of fee interests in the property without reservation. The decedent did not retain under the transfer the right to possession or enjoyment of the condominium for his life. Until the third conveyance, March 22, 1999, the decedent was a tenant in common with his grantees. As a co-tenant he had the non-exclusive right to use and enjoy the property as did all the other co-tenants. See gener- ally 20 Am.Jur.2d-Tenancy and Joint Ownership. Sec. 32, 41, 42. The decedent acquired the right to exclusive possession of the condominium by contract, the parties’ Agreement regarding use and payment of expenses * * * (hereinafter “the Agreement”). Generally, all co- tenants are obligated to contribute to the expenses and upkeep of the property and a tenant who pays more than his pro-rata share is entitled to contribution from the other tenants. Kline v Kline, 581 A2d 1300, 85 Md. App 28, 49 (Md. App. 1991) cert. den. 587 A2d 246, 322 Md. 240. However, here the parties entered into an Agree- ment that provided for the decedent’s exclusive use and occupancy of the condominium in return for payment of 11(...continued) period which does not in fact end before his death-- (1) the possession or enjoyment of, or the right to the income from, the property * * *Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011