Advancements; gratuitous inter vivos transfer
Sec. 10. (a) If a person dies intestate as to all his estate, property
which he gave in his lifetime to any person who, if the intestate had
died at the time of making the gift, would be entitled to inherit a part
of his estate, shall be treated as an advancement against the heir's
intestate share only if:
(1) the decedent declared in a writing or the heir acknowledged
in a writing that the gift is an advancement; or
(2) the decedent's 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.
To the extent that the advancement does not exceed the intestate
share the advancement shall be taken into account in computing the
estate to be distributed. Every gratuitous inter vivos transfer is
deemed to be an absolute gift and not an advancement unless shown
to be an advancement.
(b) The advancement shall be considered as of its value at the
time when the advancee came into possession or enjoyment or at the
time of the death of the intestate, whichever first occurs.
(c) If the advancee dies before the intestate, leaving a lineal heir
who takes from the intestate, the advancement shall be taken into
account in the same manner as if it had been made directly to such
heir. If such heir is entitled to a lesser share in the estate than the
advancee would have been entitled to had he survived the intestate,
then the heir shall only be charged with such proportion of the
advancement as the amount he would have inherited, had there been
no advancement, bears to the amount which the advancee would have
inherited, had there been no advancement.
(Formerly: Acts 1953, c.112, s.210.) As amended by P.L.118-1997,
SEC.10.
Last modified: May 27, 2006