Section 524.2-207 — Surviving Spouse’s Property And Nonprobate Transfers To Others.
524.2-207 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-207 SURVIVING SPOUSE’S PROPERTY AND NONPROBATE TRANSFERS TO OTHERS. (a) Included property. Except to the extent included in the augmented estate under section 524.2-204 or 524.2-206, the value of the augmented estate includes the value of: (1) property, other than the homestead, that was owned by […]
Section 524.2-208 — Exclusions, Valuation, And Overlapping Application.
524.2-208 EXCLUSIONS, VALUATION, AND OVERLAPPING APPLICATION. (a) Exclusions. The value of any property is excluded from the decedent’s nonprobate transfers to others (i) to the extent the decedent received adequate and full consideration in money or money’s worth for a transfer of the property, or (ii) if the property was transferred with the written joinder […]
Section 524.2-209 — Sources From Which Elective Share Payable.
524.2-209 SOURCES FROM WHICH ELECTIVE SHARE PAYABLE. (a) Elective-share amount only. In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent’s probate estate and recipients of the decedent’s nonprobate transfers to others: (1) amounts included in the […]
Section 524.2-210 — Personal Liability Of Recipients.
524.2-210 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 […]
Section 524.2-211 — Proceeding For Elective Share; Time Limit.
524.2-211 PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT. (a) Except as provided in paragraph (b), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent’s death, or within six months after […]
Section 524.2-212 — Right Of Election Personal To Surviving Spouse.
524.2-212 RIGHT OF ELECTION PERSONAL TO SURVIVING SPOUSE. The right of election of the surviving spouse may be exercised only during the surviving spouse’s lifetime. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to the protected person’s property […]
Section 524.2-213 — Waiver Of Right To Elect And Of Other Rights.
524.2-213 WAIVER OF RIGHT TO ELECT AND OF OTHER RIGHTS. The right of election of a surviving spouse and the rights of the surviving spouse to the homestead, exempt property, and family allowance, or any of them, may be waived, wholly or partially, after marriage, by a written contract, agreement, or waiver signed by the […]
Section 524.2-214 — Protection Of Payors And Other Third Parties.
524.2-214 PROTECTION OF PAYORS AND OTHER THIRD PARTIES. (a) Although under section 524.2-205 a payment, item of property, or other benefit is included in the decedent’s nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a […]
Section 524.2-215 — Surviving Spouse Receiving Medical Assistance.
524.2-215 SURVIVING SPOUSE RECEIVING MEDICAL ASSISTANCE. (a) Notwithstanding any law to the contrary, if a surviving spouse is receiving medical assistance under chapter 256B, when the person’s spouse dies, then the provisions in paragraphs (b) to (f) apply. (b) Any time before an order or decree is entered under section 524.3-1001 or 524.3-1002 or a […]
Section 524.2-201 — Definitions.
524.2-201 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-201 DEFINITIONS. In this part: (1) As used in sections other than section 524.2-205, “decedent’s nonprobate transfers to others” means the amounts that are included in the augmented estate under section 524.2-205. (2) “Interest in property held with right of survivorship” means the severable interest owned […]