§ 15-11-210 — Personal liability of recipients

(1) 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 elective-share or supplemental elective-share
amount. A person liable to make a contribution may choose to give up the
proportional part of the decedent's nonprobate transfers to him or her or to pay the
value of the amount for which he or she is liable.

(2) If any section or any part of any section of this part 2 is preempted by any
federal law other than the federal Employee Retirement Income Security Act of
1974, as amended, 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 that payment, item of property, or benefit or is personally liable
for the amount of that payment or the value of that item of property or benefit, as
provided in section 15-11-209, to the person who would have been entitled to it were
that section or part of that section not preempted.

(3) A bona fide purchaser who purchases property from a recipient or who
receives a payment or other item of property in partial or full satisfaction of a
legally enforceable obligation, is neither obligated under this part 2 to return the
payment, item of property, or benefit nor liable under this part 2 for the amount of
the payment or the value of the item of property or benefit.

Legislative History

Source: L. 2014: Entire part R&RE, (HB14-1322), ch. 296, p. 1229, � 2, effective August 6.