524.2-201 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-201 DEFINITIONS.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 […]
524.2-202 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-202 ELECTIVE SHARE. (a) Elective share amount. The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage […]
524.2-203 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-203 COMPOSITION OF THE AUGMENTED ESTATE. Subject to section 524.2-208, the value of the augmented estate, to the extent provided in sections 524.2-204, 524.2-205, 524.2-206, and 524.2-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or […]
524.2-204 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-204 DECEDENT’S NET PROBATE ESTATE. The value of the augmented estate includes the value of the decedent’s probate estate, reduced by funeral and administration expenses, the homestead, family allowances and exemptions, liens, mortgages, and enforceable claims. History: 1994 c 472 s 18
524.2-205 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-205 DECEDENT’S NONPROBATE TRANSFERS TO OTHERS. The value of the augmented estate includes the value of the decedent’s nonprobate transfers to others, other than the homestead, of any of the following types, in the amount provided respectively for each type of transfer. (1) Property owned or […]
524.2-206 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-206 DECEDENT’S NONPROBATE TRANSFERS TO SURVIVING SPOUSE. Excluding the homestead and property passing to the surviving spouse under the federal Social Security system, the value of the augmented estate includes the value of the decedent’s nonprobate transfers to the decedent’s spouse, which consists of all property […]
524.2-207 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-207 SURVIVING SPOUSE’S PROPERTY AND NONPROBATE TRANSFERS TO OTHERS.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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
