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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 210. Personal Liability of Recipients.
previous: Section 209
. Sources From Which Elective Share Payable.
next: Section 211
. Proceeding For Elective Share; Time Limit.
AS 13.12.210. 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 elective share or supplemental elective
share amount. A person liable to make contribution may choose to give up the person's proportional part of the
decedent's nonprobate transfers to others or to pay the value of the amount for which the person is liable.
- (b) If a provision of AS 13.12.201
- 13.12.214 is preempted by federal law with respect
to a payment, an item of property, or another benefit included in the decedent's nonprobate transfers to others, a
person who, not for value, receives the payment, item of property, or 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 AS 13.12.209
, to the person who would have been entitled to it if that provision were not preempted.
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