We are asked, in this case, to decide whether an inter vivos transfer, in which a deceased spouse retained control over the transferred property during his lifetime, constitutes a per se violation of the surviving spouse’s statutory elective right to a percentage of the deceased spouse’s net estate under Maryland Code, Estates and Trusts Article, §3–203.1 The Circuit Court for Anne Arundel County held that it does not, concluding that the decedent did not intend to defraud his surviving spouse when he transferred assets to a revocable trust that he created for his daughter from a first marriage. The Court of Special Appeals reversed the trial court in a reported opinion, Schoukroun v. Karsenty, 177 Md.App. 615, 937 A.2d 262 (2007), in which it held that the decedent’s retained control of the transferred assets rendered the transfer a fraud per se on the surviving spouse’s marital rights. We granted the trustee’s petition for a writ of certiorari. Karsenty v. Schoukroun, 404 Md. 152, 945 A.2d 1270 (2008).