Title 53, Chapter 1, Section 12
( 53-1-12)
(a) If a beneficiary has received a satisfaction, the beneficiary
shall not receive any other property in replacement of the specific
testamentary gift which is the subject of the satisfaction. (b) If a beneficiary has received an advancement of all or a portion
of a demonstrative or general testamentary gift, the value of the
demonstrative or general testamentary gift shall be reduced by the
value of the advancement. (c) For purposes of this subsection, the term "distributable share"
means the share an heir would receive under the laws of intestacy or
a beneficiary would receive under the residuary clause of the
transferor's will if the value of all advancements made by the
transferor during life, except satisfaction of specific testamentary
gifts and advancements of demonstrative or general testamentary
gifts, were added to the actual value of the transferor's intestate
or residuary estate at death. If a beneficiary has received an
advancement of a residuary gift or an heir has received an
advancement of an intestate share, the advancement shall be taken
into account in the following manner: (1) If a beneficiary or heir has received an advancement that is
less than the value of that person's distributable share under the
residuary clause of the transferor's will or the laws of
intestacy, the share actually distributed to the beneficiary or
heir shall be charged with the advancement so that the beneficiary
or heir will receive only the balance remaining of the
distributable share; or (2) If a beneficiary or an heir has received an advancement that
is equal to or in excess of the value of that beneficiary's or
heir's distributable share, the beneficiary or heir shall receive
no further share from the estate. |