(a) In the proceeding for an elective share, property which is part of the augmented estate which passes or has passed to the surviving spouse by testate or intestate succession or other means and which has not been renounced, including that described in section 30-2314, is applied first to satisfy the elective share and to reduce the amount due from other recipients of portions of the augmented estate.
(b) Remaining property of the augmented estate is so applied that liability for the balance of the elective share of the surviving spouse is equitably apportioned among the recipients of the augmented estate in proportion to the value of their interests therein.
(c) Only original transferees from, or appointees of, the decedent and their donees, to the extent the donees have the property or its proceeds, are subject to the contribution to make up the elective share of the surviving spouse. A person liable to contribution may choose to give up the property transferred to him or to pay its value as of the time it is considered in computing the augmented estate.
Notes of Decisions
In Re Est. of Myers, 594 N.W.2d 563 (Neb. 1999).
· cites it 12× “The general effect of § 30-2319 is that if the surviving spouse has been provided for by the decedent during his lifetime through outright gifts, joint tenancy property, life insurance, living trust provisions, annuities, or pension plans other than Social Security benefits, the…”
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
· cites it 2× “2d 563 (1999) (turning to comments accompanying Uniform Probate Code to construe Neb. Rev. Stat. § 30-2319 (Reissue 1995)).”
Ziegenbein v. Hastings Coll., 519 N.W.2d 5 (Neb. Ct. App. 1994).
· cites it 6× “Finally, the district court held that the county court’s decision to apportion the beneficiaries’ contributions toward Rudolph’s elective share in proportion to what each beneficiary received was equitable and consistent with Neb.”
— Neb. Rev. Stat. § 30-2319(a) — 1 case
In Re Est. of Myers, 594 N.W.2d 563 (Neb. 1999).
“The general effect of § 30-2319 is that if the surviving spouse has been provided for by the decedent during his lifetime through outright gifts, joint tenancy property, life insurance, living trust provisions, annuities, or pension plans other than Social Security benefits, the…”
— Neb. Rev. Stat. § 30-2319(b) — 1 case
Ziegenbein v. Hastings Coll., 519 N.W.2d 5 (Neb. Ct. App. 1994).
“Finally, the district court held that the county court’s decision to apportion the beneficiaries’ contributions toward Rudolph’s elective share in proportion to what each beneficiary received was equitable and consistent with Neb.”
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