Recipients of recoverable transfer to pay pro rata share of allproperty received to cover statutory allowances and claims dueestate, enforced by action for accounting, time limitation--actionaffect on transferring entity.
461.300. 1. Each recipient of a recoverable transfer of a decedent'sproperty shall be liable to account for a pro rata share of the value ofall such property received, to the extent necessary to discharge thestatutory allowances to the decedent's surviving spouse and dependentchildren, and claims remaining unpaid after application of the decedent'sestate, including expenses of administration and costs as provided insubsection 3 of this section, and including estate or inheritance or othertransfer taxes imposed by reason of the decedent's death only where paymentof those taxes is a prerequisite to satisfying unpaid claims which have alower level of priority. No proceeding may be brought under this sectionwhen the deficiency described in this subsection is solely attributable tocosts and expenses of administration.
2. The obligation of a recipient of a recoverable transfer may beenforced by an action for accounting commenced within eighteen monthsfollowing the decedent's death by the decedent's personal representative ora qualified claimant, but no action for accounting under this section shallbe commenced by any qualified claimant unless the personal representativehas received a written demand therefor by a qualified claimant, withinsixteen months following the decedent's death. If the personalrepresentative fails to commence an action within thirty days of thereceipt of a written demand to do so, any qualified claimant may commencesuch action. If the personal representative fails to commence the action,the personal representative shall disclose to the qualified claimant orqualified claimants who made such written demand all material knowledgewithin the possession of the personal representative reasonably relating tothe identity of any recipient of a recoverable transfer made by thedecedent. In the event the personal representative fails to provide suchinformation with respect to any recoverable transfer of the decedent'sproperty to the personal representative, the eighteen-month limitation istolled for such recoverable transfer until such time as the personalrepresentative provides such information. In the event the personalrepresentative is alleged in a verified pleading to be a recipient of arecoverable transfer from the decedent, the court may appoint anadministrator ad litem to represent the estate in any proceeding broughtpursuant to this section. Sums recovered in an action for accounting underthis section shall be administered by the personal representative as partof the decedent's estate.
3. The judgment in a proceeding authorized by this section shall takeinto account the expenses of administration of the estate including thecost of administering the additional assets obtained in the proceeding, andthe costs of the proceeding to the extent authorized by this subsection.The court may order the costs of the proceeding, including attorney fees,to be treated as expenses of administration of the estate.
4. If an action for accounting has been commenced under this sectionwithin eighteen months following the decedent's death, then any party tothe proceeding may join and bring into the action for accounting any otherrecipient of a recoverable transfer of the decedent's property even if theother recipient is not joined until more than eighteen months following thedecedent's death. If an action for accounting has been commenced underthis section more than eighteen months following the decedent's deathpursuant to the tolling provisions of subsection 2 of this section, thenthe personal representative, or former personal representative, whoreceived a recoverable transfer of the decedent's property shall be liableto account under the provisions of subsection 1 of this section for thevalue of all such property received by such personal representative, orformer personal representative, and no other recipient of a recoverabletransfer of the decedent's property may be joined or brought into theaction, and in such case, full recovery, rather than pro rata recovery, maybe had from the recoverable property received by such personalrepresentative or former personal representative.
5. This section shall not affect the right of any transferringentity, as defined in section 461.005, to execute a direction of thedecedent to make a payment or to make a recoverable transfer on death ofthe decedent, or make the transferring entity liable to the decedent'sestate, unless before the payment or transfer is made the transferringentity has been served with process in a proceeding brought under thissection and the transferring entity has had a reasonable time to act on it.
6. This section does not create a lien on any property that is thesubject of a recoverable transfer, except as a lien may be perfected by theway of attachment, garnishment, or judgment in an accounting proceedingauthorized by this section.
7. An action for accounting under the provisions of this section maybe filed in the probate division of the circuit court, and the probatedivision of the circuit court may hear and determine questions and issueappropriate orders in an action for accounting under this section. Anyproceeding under this section and any statements by a personalrepresentative in connection with any recoverable transfer shall be deemedto be proceedings or statements under the probate code that are subject tosection 472.013, RSMo.
8. The recipient of any property held in trust that was subject tothe satisfaction of the decedent's debts immediately prior to thedecedent's death, and the recipient of any property held in joint tenancywith right of survivorship that was subject to the satisfaction of thedecedent's debts immediately prior to the decedent's death, are subject tothis section, but only to the extent of the decedent's contribution to thevalue of the property.
9. The provisions of this section shall apply to all actionscommenced after August 28, 1995, except that with respect to decedentsdying prior to August 28, 1995, an action for accounting under this sectionmay be commenced within two years following the decedent's death.
10. As used in this section, the following terms mean:
(1) "Creditor", any person to whom the decedent is liable, whichliability survives whether arising in contract, tort, or otherwise, and anyperson to whom the decedent's estate is liable for funeral expenses and thereasonable cost of a tombstone;
(2) "Dependent child", the decedent's minor children whom thedecedent was obligated to support and the children who were in fact beingsupported by the decedent;
(3) "Qualified claimant", a creditor, surviving spouse, dependentchild, or a person acting for a dependent child of the decedent;
(4) "Recoverable transfer", a nonprobate transfer of a decedent'sproperty under sections 461.003 to 461.081 and any other transfer of adecedent's property other than from the administration of the decedent'sprobate estate that was subject to satisfaction of the decedent's debtsimmediately prior to the decedent's death, but only to the extent of thedecedent's contribution to the value of such property.
(L. 1995 S.B. 116, A.L. 2004 H.B. 1511)
(2009) Section allows State to bring an action for accounting in the context of Medicaid estate recovery of the value of a nonprobate asset. In re Estate of Jones, 280 S.W.3d 647 (Mo.banc).
Recipients of recoverable transfer to pay pro rata share of allproperty received to cover statutory allowances and claims dueestate, enforced by action for accounting, time limitation--actionaffect on transferring entity.
461.300. 1. Each recipient of a recoverable transfer of a decedent'sproperty shall be liable to account for a pro rata share of the value ofall such property received, to the extent necessary to discharge thestatutory allowances to the decedent's surviving spouse and dependentchildren, and claims remaining unpaid after application of the decedent'sestate, including expenses of administration and costs as provided insubsection 3 of this section, and including estate or inheritance or othertransfer taxes imposed by reason of the decedent's death only where paymentof those taxes is a prerequisite to satisfying unpaid claims which have alower level of priority. No proceeding may be brought under this sectionwhen the deficiency described in this subsection is solely attributable tocosts and expenses of administration.
2. The obligation of a recipient of a recoverable transfer may beenforced by an action for accounting commenced within eighteen monthsfollowing the decedent's death by the decedent's personal representative ora qualified claimant, but no action for accounting under this section shallbe commenced by any qualified claimant unless the personal representativehas received a written demand therefor by a qualified claimant, withinsixteen months following the decedent's death. If the personalrepresentative fails to commence an action within thirty days of thereceipt of a written demand to do so, any qualified claimant may commencesuch action. If the personal representative fails to commence the action,the personal representative shall disclose to the qualified claimant orqualified claimants who made such written demand all material knowledgewithin the possession of the personal representative reasonably relating tothe identity of any recipient of a recoverable transfer made by thedecedent. In the event the personal representative fails to provide suchinformation with respect to any recoverable transfer of the decedent'sproperty to the personal representative, the eighteen-month limitation istolled for such recoverable transfer until such time as the personalrepresentative provides such information. In the event the personalrepresentative is alleged in a verified pleading to be a recipient of arecoverable transfer from the decedent, the court may appoint anadministrator ad litem to represent the estate in any proceeding broughtpursuant to this section. Sums recovered in an action for accounting underthis section shall be administered by the personal representative as partof the decedent's estate.
3. The judgment in a proceeding authorized by this section shall takeinto account the expenses of administration of the estate including thecost of administering the additional assets obtained in the proceeding, andthe costs of the proceeding to the extent authorized by this subsection.The court may order the costs of the proceeding, including attorney fees,to be treated as expenses of administration of the estate.
4. If an action for accounting has been commenced under this sectionwithin eighteen months following the decedent's death, then any party tothe proceeding may join and bring into the action for accounting any otherrecipient of a recoverable transfer of the decedent's property even if theother recipient is not joined until more than eighteen months following thedecedent's death. If an action for accounting has been commenced underthis section more than eighteen months following the decedent's deathpursuant to the tolling provisions of subsection 2 of this section, thenthe personal representative, or former personal representative, whoreceived a recoverable transfer of the decedent's property shall be liableto account under the provisions of subsection 1 of this section for thevalue of all such property received by such personal representative, orformer personal representative, and no other recipient of a recoverabletransfer of the decedent's property may be joined or brought into theaction, and in such case, full recovery, rather than pro rata recovery, maybe had from the recoverable property received by such personalrepresentative or former personal representative.
5. This section shall not affect the right of any transferringentity, as defined in section 461.005, to execute a direction of thedecedent to make a payment or to make a recoverable transfer on death ofthe decedent, or make the transferring entity liable to the decedent'sestate, unless before the payment or transfer is made the transferringentity has been served with process in a proceeding brought under thissection and the transferring entity has had a reasonable time to act on it.
6. This section does not create a lien on any property that is thesubject of a recoverable transfer, except as a lien may be perfected by theway of attachment, garnishment, or judgment in an accounting proceedingauthorized by this section.
7. An action for accounting under the provisions of this section maybe filed in the probate division of the circuit court, and the probatedivision of the circuit court may hear and determine questions and issueappropriate orders in an action for accounting under this section. Anyproceeding under this section and any statements by a personalrepresentative in connection with any recoverable transfer shall be deemedto be proceedings or statements under the probate code that are subject tosection 472.013, RSMo.
8. The recipient of any property held in trust that was subject tothe satisfaction of the decedent's debts immediately prior to thedecedent's death, and the recipient of any property held in joint tenancywith right of survivorship that was subject to the satisfaction of thedecedent's debts immediately prior to the decedent's death, are subject tothis section, but only to the extent of the decedent's contribution to thevalue of the property.
9. The provisions of this section shall apply to all actionscommenced after August 28, 1995, except that with respect to decedentsdying prior to August 28, 1995, an action for accounting under this sectionmay be commenced within two years following the decedent's death.
10. As used in this section, the following terms mean:
(1) "Creditor", any person to whom the decedent is liable, whichliability survives whether arising in contract, tort, or otherwise, and anyperson to whom the decedent's estate is liable for funeral expenses and thereasonable cost of a tombstone;
(2) "Dependent child", the decedent's minor children whom thedecedent was obligated to support and the children who were in fact beingsupported by the decedent;
(3) "Qualified claimant", a creditor, surviving spouse, dependentchild, or a person acting for a dependent child of the decedent;
(4) "Recoverable transfer", a nonprobate transfer of a decedent'sproperty under sections 461.003 to 461.081 and any other transfer of adecedent's property other than from the administration of the decedent'sprobate estate that was subject to satisfaction of the decedent's debtsimmediately prior to the decedent's death, but only to the extent of thedecedent's contribution to the value of such property.
(L. 1995 S.B. 116, A.L. 2004 H.B. 1511)
(2009) Section allows State to bring an action for accounting in the context of Medicaid estate recovery of the value of a nonprobate asset. In re Estate of Jones, 280 S.W.3d 647 (Mo.banc).
Recipients of recoverable transfer to pay pro rata share of allproperty received to cover statutory allowances and claims dueestate, enforced by action for accounting, time limitation--actionaffect on transferring entity.
461.300. 1. Each recipient of a recoverable transfer of a decedent'sproperty shall be liable to account for a pro rata share of the value ofall such property received, to the extent necessary to discharge thestatutory allowances to the decedent's surviving spouse and dependentchildren, and claims remaining unpaid after application of the decedent'sestate, including expenses of administration and costs as provided insubsection 3 of this section, and including estate or inheritance or othertransfer taxes imposed by reason of the decedent's death only where paymentof those taxes is a prerequisite to satisfying unpaid claims which have alower level of priority. No proceeding may be brought under this sectionwhen the deficiency described in this subsection is solely attributable tocosts and expenses of administration.
2. The obligation of a recipient of a recoverable transfer may beenforced by an action for accounting commenced within eighteen monthsfollowing the decedent's death by the decedent's personal representative ora qualified claimant, but no action for accounting under this section shallbe commenced by any qualified claimant unless the personal representativehas received a written demand therefor by a qualified claimant, withinsixteen months following the decedent's death. If the personalrepresentative fails to commence an action within thirty days of thereceipt of a written demand to do so, any qualified claimant may commencesuch action. If the personal representative fails to commence the action,the personal representative shall disclose to the qualified claimant orqualified claimants who made such written demand all material knowledgewithin the possession of the personal representative reasonably relating tothe identity of any recipient of a recoverable transfer made by thedecedent. In the event the personal representative fails to provide suchinformation with respect to any recoverable transfer of the decedent'sproperty to the personal representative, the eighteen-month limitation istolled for such recoverable transfer until such time as the personalrepresentative provides such information. In the event the personalrepresentative is alleged in a verified pleading to be a recipient of arecoverable transfer from the decedent, the court may appoint anadministrator ad litem to represent the estate in any proceeding broughtpursuant to this section. Sums recovered in an action for accounting underthis section shall be administered by the personal representative as partof the decedent's estate.
3. The judgment in a proceeding authorized by this section shall takeinto account the expenses of administration of the estate including thecost of administering the additional assets obtained in the proceeding, andthe costs of the proceeding to the extent authorized by this subsection.The court may order the costs of the proceeding, including attorney fees,to be treated as expenses of administration of the estate.
4. If an action for accounting has been commenced under this sectionwithin eighteen months following the decedent's death, then any party tothe proceeding may join and bring into the action for accounting any otherrecipient of a recoverable transfer of the decedent's property even if theother recipient is not joined until more than eighteen months following thedecedent's death. If an action for accounting has been commenced underthis section more than eighteen months following the decedent's deathpursuant to the tolling provisions of subsection 2 of this section, thenthe personal representative, or former personal representative, whoreceived a recoverable transfer of the decedent's property shall be liableto account under the provisions of subsection 1 of this section for thevalue of all such property received by such personal representative, orformer personal representative, and no other recipient of a recoverabletransfer of the decedent's property may be joined or brought into theaction, and in such case, full recovery, rather than pro rata recovery, maybe had from the recoverable property received by such personalrepresentative or former personal representative.
5. This section shall not affect the right of any transferringentity, as defined in section 461.005, to execute a direction of thedecedent to make a payment or to make a recoverable transfer on death ofthe decedent, or make the transferring entity liable to the decedent'sestate, unless before the payment or transfer is made the transferringentity has been served with process in a proceeding brought under thissection and the transferring entity has had a reasonable time to act on it.
6. This section does not create a lien on any property that is thesubject of a recoverable transfer, except as a lien may be perfected by theway of attachment, garnishment, or judgment in an accounting proceedingauthorized by this section.
7. An action for accounting under the provisions of this section maybe filed in the probate division of the circuit court, and the probatedivision of the circuit court may hear and determine questions and issueappropriate orders in an action for accounting under this section. Anyproceeding under this section and any statements by a personalrepresentative in connection with any recoverable transfer shall be deemedto be proceedings or statements under the probate code that are subject tosection 472.013, RSMo.
8. The recipient of any property held in trust that was subject tothe satisfaction of the decedent's debts immediately prior to thedecedent's death, and the recipient of any property held in joint tenancywith right of survivorship that was subject to the satisfaction of thedecedent's debts immediately prior to the decedent's death, are subject tothis section, but only to the extent of the decedent's contribution to thevalue of the property.
9. The provisions of this section shall apply to all actionscommenced after August 28, 1995, except that with respect to decedentsdying prior to August 28, 1995, an action for accounting under this sectionmay be commenced within two years following the decedent's death.
10. As used in this section, the following terms mean:
(1) "Creditor", any person to whom the decedent is liable, whichliability survives whether arising in contract, tort, or otherwise, and anyperson to whom the decedent's estate is liable for funeral expenses and thereasonable cost of a tombstone;
(2) "Dependent child", the decedent's minor children whom thedecedent was obligated to support and the children who were in fact beingsupported by the decedent;
(3) "Qualified claimant", a creditor, surviving spouse, dependentchild, or a person acting for a dependent child of the decedent;
(4) "Recoverable transfer", a nonprobate transfer of a decedent'sproperty under sections 461.003 to 461.081 and any other transfer of adecedent's property other than from the administration of the decedent'sprobate estate that was subject to satisfaction of the decedent's debtsimmediately prior to the decedent's death, but only to the extent of thedecedent's contribution to the value of such property.
(L. 1995 S.B. 116, A.L. 2004 H.B. 1511)
(2009) Section allows State to bring an action for accounting in the context of Medicaid estate recovery of the value of a nonprobate asset. In re Estate of Jones, 280 S.W.3d 647 (Mo.banc).
