3B:8-15. Fixing amount of elective share; payment of elective share

150 words·~1 min read·/nj/title-3b/chapter-8/3b-8-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The court shall determine the amount of the elective share and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate in the manner as hereinafter set forth in this chapter. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise.

The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he would have been if relief had been secured against all persons subject to contribution.

L.1981, c. 405, s. 3B:8-15, eff. May 1, 1982.