§560:2-109 Advancements. (a) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:
(1) The decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or
(2) The decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(b) For purposes of subsection (a), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise. [L 1996, c 288, pt of §1]
Section: Previous 560-2-103 560-2-104 560-2-105 560-2-105.5 560-2-106 560-2-107 560-2-108 560-2-109 560-2-110 560-2-111 560-2-112 560-2-113 560-2-114 560-2-201 560-2-202 NextLast modified: October 27, 2016