(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 elective share or supplemental elective share amount. A person liable to make contribution may choose to give up the person’s proportional part of the decedent’s nonprobate transfers to others or to pay the value of the amount for which the person is liable.
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Terms Used In Alaska Statutes 13.12.210

  • Decedent: A deceased person.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
(b) If a provision of Alaska Stat. § 13.12.201 – 13.12.214 is preempted by federal law with respect to a payment, an item of property, or another benefit included in the decedent’s nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or 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 Alaska Stat. § 13.12.209, to the person who would have been entitled to it if that provision were not preempted.
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