Cross References
Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201.
§560:2-210 Personal liability of recipients. (a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's or reciprocal beneficiary's elective-share or supplemental elective- share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfers to the person or to pay the value of the amount for which he or she is liable.
(b) If any section or part of any section of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in section 560:2-209, to the person who would have been entitled to it were that section or part of that section not preempted. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
Section: Previous 560-2-203 560-2-204 560-2-205 560-2-206 560-2-207 560-2-208 560-2-209 560-2-210 560-2-211 560-2-212 560-2-213 560-2-214 560-2-301 560-2-302 560-2-401 NextLast modified: October 27, 2016