Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and the income and gain from that property received by him.
History: 1953 Comp., § 32A-3-909, enacted by Laws 1975, ch. 257, § 3-909.
Official comments. — See Commissioners on Uniform State Law official comment to 3-909 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators §§ 502, 504, 510.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION
Section 45-3-901 - Successors' rights if no administration.
Section 45-3-902 - Distribution; order in which assets appropriated; abatement.
Section 45-3-903 - Successor's indebtedness offset against interest; defenses.
Section 45-3-904 - Interest on general pecuniary devise.
Section 45-3-905 - Penalty clause for contest.
Section 45-3-906 - Distribution in kind; valuation; method.
Section 45-3-907 - Distribution in kind; evidence.
Section 45-3-908 - Distribution; right or title of distributee.
Section 45-3-909 - Improper distribution; liability of distributee.
Section 45-3-910 - Purchases from distributees protected.
Section 45-3-911 - Partition for purpose of distribution.
Section 45-3-913 - Distributions to trustee.
Section 45-3-914 - Disposition of unclaimed assets.
Section 45-3-915 - Distribution to person under disability.
Section 45-3-920 - Short title.
Section 45-3-921 - Definitions.
Section 45-3-922 - Apportionment by will or other dispositive instrument.
Section 45-3-923 - Statutory apportionment of estate taxes.
Section 45-3-924 - Credits and deferrals.
Section 45-3-925 - Insulated property; advancement of tax.
Section 45-3-926 - Apportionment and recapture of special elective benefits.
Section 45-3-927 - Securing payment of estate tax from property in possession of fiduciary.
Section 45-3-928 - Collection of estate tax by fiduciary.