Recovery by fiduciary from transferees or others in possession of property included in tax

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3B:24-6. Recovery by fiduciary from transferees or others in possession of property included in tax

In all cases in which any property required to be included in the gross tax estate does not come into the possession of the fiduciary, he shall be entitled, and it shall be his duty, to recover from the transferees or from whoever is in possession of the property, the proportionate amounts of the tax and any interest thereon which is or may be payable by the transferees. If the fiduciary cannot recover the amount of the tax and interest thereon apportioned against a transferee, the amount not recoverable shall be dealt with in a manner as the court may determine. Nothing in this chapter shall require a person in possession of property to defer distribution of the property unless and until directed by the court.

L.1981, c. 405, s. 3B:24-6, eff. May 1, 1982.


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