59-6a210. Personal liability of recipients. - Kansas Statutes

59-6a210

Chapter 59.--PROBATE CODE Article 6a.--ELECTIVE SHARE OF SURVIVING SPOUSE

      59-6a210.   Personal liability of recipients.(a) Only original recipients of thedecedent's nonprobate transfers to others, and the donees of the recipients ofthe decedent's nonprobate transfers to others to the extent the donees have theproperty or the property'sproceeds, are liable to make a proportional contribution toward satisfaction ofthe surviving spouse's elective-share or supplemental elective-share amount. Aperson liable to make contribution may choose to give up the proportional partof the decedent's nonprobate transfer to such person or to pay the value of theamount for which suchperson is liable.

      (b)   If any section or part of any section of this act is preempted byfederallaw with respect to a payment, an item of property, or any other benefitincluded in the decedent's nonprobate transfers to others, a person who, notfor value,receives the payment, item of property, or any other benefit is obligated toreturn that payment, item of property, or benefit, or is personally liable forthe amount of that payment or the value of that item of property or benefit, asprovided in K.S.A. 59-6a203, to the person who would have been entitled to itwere that section or part of that section not preempted.

      History:   L. 1994, ch. 132, § 10; Jan. 1, 1995.