Title 53, Chapter 1, Section 10
( 53-1-10)
(a) A lifetime transfer to a beneficiary of property that is the
subject of a specific testamentary gift is treated as a satisfaction
if it is shown pursuant to the provisions of subsection (c) of this
Code section that the transfer is intended to satisfy the
testamentary gift. (b) A lifetime transfer of money or other property to a prospective
heir or to the beneficiary of a demonstrative, general, or residuary
testamentary gift is treated as an advancement if it is shown
pursuant to the provisions of subsection (c) of this Code section
that the transfer is intended to be a part of the share that the
heir would inherit by intestacy or the beneficiary would take under
the transferor's will. (c) The intent to treat a lifetime transfer as a satisfaction or an
advancement is shown only if the will provides for the deduction of
the lifetime transfer or its value or if the satisfaction or
advancement is declared in a writing signed by the transferor within
30 days of making the transfer or acknowledged in a writing signed
by the recipient at any time. |