§560:2-109  Advancements.  (a)  If an
individual dies intestate as to all or a portion of the individual's estate,
property the decedent gave during the decedent's lifetime to an individual who,
at the decedent's death, is an heir is treated as an advancement against the
heir's intestate share only if:



(1)  The decedent declared in a contemporaneous
writing or the heir acknowledged in writing that the gift is an advancement; or



(2)  The decedent's contemporaneous writing or the
heir's written acknowledgment otherwise indicates that the gift is to be taken
into account in computing the division and distribution of the decedent's
intestate estate.



(b)  For purposes of subsection (a), property
advanced is valued as of the time the heir came into possession or enjoyment of
the property or as of the time of the decedent's death, whichever first occurs.



(c)  If the recipient of the property fails to
survive the decedent, the property is not taken into account in computing the
division and distribution of the decedent's intestate estate, unless the
decedent's contemporaneous writing provides otherwise. [L 1996, c 288, pt of
§1]