75-2-210 - Personal liability of recipients. - Utah Statutes

75-2-210. Personal liability of recipients.
(1) Only original recipients of the decedent's nonprobate transfers to others, and thedonees of the recipients of the decedent's nonprobate transfers to others, to the extent the doneeshave the property or its proceeds, are liable to make a proportional contribution towardsatisfaction of the surviving spouse's elective-share or supplemental elective-share amount. Aperson liable to make contribution may choose to give up the proportional part of the decedent'snonprobate transfers to him or to pay the value of the amount for which he is liable.
(2) If any section or subsection of this part is preempted by federal law with respect to apayment, an item of property, or any other benefit included in the decedent's nonprobate transfersto others, a person who, not for value, receives the payment, item of property, or any other benefitis obligated to return the payment, item of property, or benefit, or is personally liable for theamount of the payment or the value of that item of property or benefit, as provided in Section75-2-209, to the person who would have been entitled to it were that section or subsection notpreempted.

Enacted by Chapter 39, 1998 General Session