                                 CODE OF VIRGINIA

PERSONAL LIABILITY OF RECIPIENTS (§ 64.2-308.11)

A. Only original recipients of the decedent&#8217;s non-probate transfers to
others, and the donees of the recipients of the decedent&#8217;s non-probate
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&#8217;s elective share amount. A person liable to make
contribution may choose to give up the proportional part of the decedent&#8217;s
non-probate transfers to him or to pay the value of the amount for which he is
liable in cash, or, upon agreement of the surviving spouse, other property.

B. If any section or part of any section of this article is preempted by federal
law with respect to a payment, an item of property, or any other benefit
included in the decedent&#8217;s non-probate transfers to others, a person who,
not for value, receives the payment, item of property, or any 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 &#xA7; 64.2-308.10, to the person who would have been
entitled to it were that section or part of that section not preempted.

HISTORY: 2016, cc. 187, 269.