§560:2-210  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 or reciprocal beneficiary'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
he or she is liable.



(b)  If any section or part of any section of
this part 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 the payment, item of property, or
benefit, or is personally liable for the amount of the payment or the value of
that item of property or benefit, as provided in section 560:2-209, to the
person who would have been entitled to it were that section or part of that
section not preempted. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]