§ 64.1-16.2. Charging spouse with gifts received; liability of others forbalance of elective share; determination; satisfaction.
A. In determining the elective share, values included in the augmented estatewhich pass or have passed to the surviving spouse, or which would have passedto the spouse but were disclaimed, are applied first to satisfy the electiveshare and to reduce any contributions due from other recipients of transfersincluded in the augmented estate.
B. Remaining property of the augmented estate is so applied that liabilityfor the balance of the elective share of the surviving spouse and interestthereon is equitably apportioned among the recipients of the augmented estatein proportion to the value of their interests therein.
C. The only persons subject to contribution to make up the elective share ofthe surviving spouse are (i) original transferees from or appointees of thedecedent, and subsequent gratuitous inter vivos donees or persons claiming bytestate or intestate succession to the extent such persons have the propertyor its proceeds on or after the date of the decedent's death, and (ii) afiduciary, as to the property under the fiduciary's control at or after thetime a fiduciary receives notice that a surviving spouse has claimed anelective share in the decedent's estate. A corporate fiduciary shall not beconsidered to have notice until it receives notice at its address as shown inthe decedent's estate papers in the clerk's office or, if there are no suchpapers or no address is shown therein, at the office of its registered agent.
No other party is subject to contribution to make up the elective share eventhough the party makes a payment or transfers an item of property or otherbenefit to any person with actual knowledge that a surviving spouse hasclaimed an elective share in the decedent's estate.
D. Upon petition of the surviving spouse, the decedent's personalrepresentative, or any party in interest, the court having jurisdiction overadministration of the decedent's estate shall determine the amount of theelective share and the ratable portion of the elective share attributable toeach person liable to contribution. Such petition may be brought againstfewer than all persons against whom relief could be sought, but no person issubject to contribution in any greater amount than he would have been ifrelief had been secured against all persons subject to contribution.
E. Within thirty days after the court's determination of the contributionsdue under subsection D becomes final and not subject to further appeal, anyperson liable to the surviving spouse for contribution may file with thecourt a written statement specifying any of the following methods forsatisfying his contribution and interest liability:
1. Conveyance of a portion of the property included in the augmented estate,which portion is equal in value to his liability on the date the contributionstatement is filed as provided in this subsection; however, if, on the dateof filing, the value of the property included in the augmented estate is lessthan his liability, he may convey the property to the surviving spouse infull satisfaction;
2. Payment of the value of his liability in cash or, upon agreement of thesurviving spouse, other property; or
3. Partial conveyance and partial payment under subdivisions 1 and 2 above,provided the value conveyed and paid is equal to his liability.
In the event a contribution statement is not filed within thirty days, thecourt shall enter an order specifying the method by which liability to thesurviving spouse shall be satisfied.
F. As used in this section, the terms "estate" and "property" shallinclude insurance policies, retirement benefits exclusive of federal socialsecurity benefits, annuities, pension plans, deferred compensationarrangements, and employee benefit plans to the extent owned by, vested in,or subject to the control of the decedent on the date of his death or anirrevocable transfer by him during his lifetime. All such insurance policiesand other benefits are included in the terms "estate" and "property"notwithstanding the presence of language contained in any statute otherwiseproviding that neither they nor their proceeds shall be liable to attachment,garnishment, levy, execution, or other legal process or be seized, taken,appropriated, or applied by any legal or equitable process or operation oflaw or any other such similar language.
§ 64.1-16.2. Charging spouse with gifts received; liability of others forbalance of elective share; determination; satisfaction.
A. In determining the elective share, values included in the augmented estatewhich pass or have passed to the surviving spouse, or which would have passedto the spouse but were disclaimed, are applied first to satisfy the electiveshare and to reduce any contributions due from other recipients of transfersincluded in the augmented estate.
B. Remaining property of the augmented estate is so applied that liabilityfor the balance of the elective share of the surviving spouse and interestthereon is equitably apportioned among the recipients of the augmented estatein proportion to the value of their interests therein.
C. The only persons subject to contribution to make up the elective share ofthe surviving spouse are (i) original transferees from or appointees of thedecedent, and subsequent gratuitous inter vivos donees or persons claiming bytestate or intestate succession to the extent such persons have the propertyor its proceeds on or after the date of the decedent's death, and (ii) afiduciary, as to the property under the fiduciary's control at or after thetime a fiduciary receives notice that a surviving spouse has claimed anelective share in the decedent's estate. A corporate fiduciary shall not beconsidered to have notice until it receives notice at its address as shown inthe decedent's estate papers in the clerk's office or, if there are no suchpapers or no address is shown therein, at the office of its registered agent.
No other party is subject to contribution to make up the elective share eventhough the party makes a payment or transfers an item of property or otherbenefit to any person with actual knowledge that a surviving spouse hasclaimed an elective share in the decedent's estate.
D. Upon petition of the surviving spouse, the decedent's personalrepresentative, or any party in interest, the court having jurisdiction overadministration of the decedent's estate shall determine the amount of theelective share and the ratable portion of the elective share attributable toeach person liable to contribution. Such petition may be brought againstfewer than all persons against whom relief could be sought, but no person issubject to contribution in any greater amount than he would have been ifrelief had been secured against all persons subject to contribution.
E. Within thirty days after the court's determination of the contributionsdue under subsection D becomes final and not subject to further appeal, anyperson liable to the surviving spouse for contribution may file with thecourt a written statement specifying any of the following methods forsatisfying his contribution and interest liability:
1. Conveyance of a portion of the property included in the augmented estate,which portion is equal in value to his liability on the date the contributionstatement is filed as provided in this subsection; however, if, on the dateof filing, the value of the property included in the augmented estate is lessthan his liability, he may convey the property to the surviving spouse infull satisfaction;
2. Payment of the value of his liability in cash or, upon agreement of thesurviving spouse, other property; or
3. Partial conveyance and partial payment under subdivisions 1 and 2 above,provided the value conveyed and paid is equal to his liability.
In the event a contribution statement is not filed within thirty days, thecourt shall enter an order specifying the method by which liability to thesurviving spouse shall be satisfied.
F. As used in this section, the terms "estate" and "property" shallinclude insurance policies, retirement benefits exclusive of federal socialsecurity benefits, annuities, pension plans, deferred compensationarrangements, and employee benefit plans to the extent owned by, vested in,or subject to the control of the decedent on the date of his death or anirrevocable transfer by him during his lifetime. All such insurance policiesand other benefits are included in the terms "estate" and "property"notwithstanding the presence of language contained in any statute otherwiseproviding that neither they nor their proceeds shall be liable to attachment,garnishment, levy, execution, or other legal process or be seized, taken,appropriated, or applied by any legal or equitable process or operation oflaw or any other such similar language.
§ 64.1-16.2. Charging spouse with gifts received; liability of others forbalance of elective share; determination; satisfaction.
A. In determining the elective share, values included in the augmented estatewhich pass or have passed to the surviving spouse, or which would have passedto the spouse but were disclaimed, are applied first to satisfy the electiveshare and to reduce any contributions due from other recipients of transfersincluded in the augmented estate.
B. Remaining property of the augmented estate is so applied that liabilityfor the balance of the elective share of the surviving spouse and interestthereon is equitably apportioned among the recipients of the augmented estatein proportion to the value of their interests therein.
C. The only persons subject to contribution to make up the elective share ofthe surviving spouse are (i) original transferees from or appointees of thedecedent, and subsequent gratuitous inter vivos donees or persons claiming bytestate or intestate succession to the extent such persons have the propertyor its proceeds on or after the date of the decedent's death, and (ii) afiduciary, as to the property under the fiduciary's control at or after thetime a fiduciary receives notice that a surviving spouse has claimed anelective share in the decedent's estate. A corporate fiduciary shall not beconsidered to have notice until it receives notice at its address as shown inthe decedent's estate papers in the clerk's office or, if there are no suchpapers or no address is shown therein, at the office of its registered agent.
No other party is subject to contribution to make up the elective share eventhough the party makes a payment or transfers an item of property or otherbenefit to any person with actual knowledge that a surviving spouse hasclaimed an elective share in the decedent's estate.
D. Upon petition of the surviving spouse, the decedent's personalrepresentative, or any party in interest, the court having jurisdiction overadministration of the decedent's estate shall determine the amount of theelective share and the ratable portion of the elective share attributable toeach person liable to contribution. Such petition may be brought againstfewer than all persons against whom relief could be sought, but no person issubject to contribution in any greater amount than he would have been ifrelief had been secured against all persons subject to contribution.
E. Within thirty days after the court's determination of the contributionsdue under subsection D becomes final and not subject to further appeal, anyperson liable to the surviving spouse for contribution may file with thecourt a written statement specifying any of the following methods forsatisfying his contribution and interest liability:
1. Conveyance of a portion of the property included in the augmented estate,which portion is equal in value to his liability on the date the contributionstatement is filed as provided in this subsection; however, if, on the dateof filing, the value of the property included in the augmented estate is lessthan his liability, he may convey the property to the surviving spouse infull satisfaction;
2. Payment of the value of his liability in cash or, upon agreement of thesurviving spouse, other property; or
3. Partial conveyance and partial payment under subdivisions 1 and 2 above,provided the value conveyed and paid is equal to his liability.
In the event a contribution statement is not filed within thirty days, thecourt shall enter an order specifying the method by which liability to thesurviving spouse shall be satisfied.
F. As used in this section, the terms "estate" and "property" shallinclude insurance policies, retirement benefits exclusive of federal socialsecurity benefits, annuities, pension plans, deferred compensationarrangements, and employee benefit plans to the extent owned by, vested in,or subject to the control of the decedent on the date of his death or anirrevocable transfer by him during his lifetime. All such insurance policiesand other benefits are included in the terms "estate" and "property"notwithstanding the presence of language contained in any statute otherwiseproviding that neither they nor their proceeds shall be liable to attachment,garnishment, levy, execution, or other legal process or be seized, taken,appropriated, or applied by any legal or equitable process or operation oflaw or any other such similar language.
