30.1-05-04. (2-210) Personal liability of recipients

30.1-05-04. (2-210) Personal liability of recipients

1. 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 proportional part of the decedent's nonprobate transfers to the person or

to pay the value of the amount for which the person is liable.

2. If any section or part of any section of this chapter 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 section 30.1-05-03, to the

person who would have been entitled to it were that section or part of that section not

preempted.