59-6a210. 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 the property's 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 proportional part of the decedent's nonprobate transfer to such person or to pay the value of the amount for which such person is liable.
(b) If any section or part of any section of this act is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of that payment or the value of that item of property or benefit, as provided in K.S.A. 59-6a203, to the person who would have been entitled to it were that section or part of that section not preempted.
History: L. 1994, ch. 132, ยง 10; Jan. 1, 1995.
Structure Kansas Statutes
Article 6a - Elective Share Of Surviving Spouse
59-6a,203 Composition of the augmented estate.
59-6a,204 Decedent's net probate estate.
59-6a,205 Decedent's nonprobate transfers to others.
59-6a,206 Decedent's nonprobate transfers to the surviving spouse.
59-6a,207 Surviving spouse's property and nonprobate transfers to others.
59-6a,208 Exclusions, valuation and overlapping application.
59-6a,209 Sources from which elective share payable.
59-6a,210 Personal liability of recipients.
59-6a,211 Proceeding for elective share; time limit.
59-6a,214 Protection of payors and other third parties.
59-6a,215 Homestead or homestead allowance.