2211 - Determination of effect of election; enforcement.

     § 2211.  Determination of effect of election; enforcement.        (a)  Power of court of domicile.--After notice and hearing,     the orphans' court division of the county of the decedent's     domicile shall determine all matters concerning the spouse's     election, including the interests and liabilities of the spouse     and others in or with respect to all property, regardless of its     situs, which is subject to the election or which must be     disclaimed, released or conveyed by the spouse or charged     against the elective share.        (b)  Effect of election.--In exercising its powers under     subsection (a), the court shall honor any provision in the     decedent's will or other conveyance concerning interests of     those other than his spouse in the event of an election. Subject     to any such provision, the court shall be guided by the     following rules but shall have the power to supplement or to     depart from them if, in its opinion, a different determination     of the rights of the spouse and others would more nearly carry     out what would have been the particular decedent's intention had     he known of the election:            (1)  In general.--Property which otherwise would pass by        intestacy shall first be applied toward satisfaction of the        spouse's elective share. The balance of the elective share        shall then be charged separately against each conveyance        subject to the election, the passing of property by will to        be treated as a conveyance for this purpose, but the spouse        shall have no right to share in any particular item of        property within each conveyance. After the value of the        electing spouse's fractional interest in each conveyance at        the time of distribution is determined, items of property        within the conveyance may be allocated disproportionately at        distribution values between the elective and nonelective        shares in order to give maximum effect to the decedent's        intention with respect to the disposition of particular items        or kinds of property. Property in the nonelective share shall        be distributed among the beneficiaries of each conveyance in        accordance with the rules of abatement or by analogy thereto.            (2)  Disclaimed interests contingent on survival.--If a        surviving spouse has disclaimed an interest which would have        terminated at the spouse's death or was contingent upon the        spouse surviving the decedent, the interests of others shall        be as they would have been if the spouse had predeceased the        decedent.            (3)  Other disclaimed interests.--Except as above        provided, disclaimed interests shall pass to other        beneficiaries of the conveyance according to section 2514        (relating to rules of interpretation), which may be applied        by analogy to inter vivos conveyances or, where those        provisions cannot be applied, by way of reversion to the        personal representative of the decedent's estate.            (4)  Windfalls.--If the election and disclaimers,        releases and conveyances by a surviving spouse in connection        therewith result in an increase in the value of the interest        of a beneficiary, the court may require contributions from        such a beneficiary, directly or by sequestering the        disclaimed, released or conveyed interests, in relief of        other beneficiaries, so that no beneficiary will receive more        value than he would have received in the absence of the        election.        (c)  Enforcement.--The rights of the electing spouse may be     enforced, as the court considers appropriate, by orders, decrees     or judgments requiring the performance of specific acts by, or     imposing personal liability on:            (1)  any fiduciary, custodian or obligor to the extent        that he is in possession of property subject to the spouse's        election or its proceeds; or            (2)  the original beneficial recipient of such property        or the donee of that recipient, including successive donees,        to the extent that each donee is in possession of such        property or its proceeds.     Any such order, decree or judgment of the orphans' court     division of the county of the decedent's domicile under this     section may be further enforced as necessary by suits in other     courts. The liabilities as determined by the court may be     enforced against fewer than all persons against whom relief     could be sought but no person shall be subject to contribution     in any greater amount than he would have been if full relief had     been secured against all persons subject to contribution.        (d)  Restraining orders.--The court on petition of a     surviving spouse may restrain any person from making a payment     or transfer of property which may be subject to the spouse's     election, either before or after an election is made.        (e)  Protection of fiduciaries, custodians and obligors.--     Unless restrained by court decree, no fiduciary, custodian or     obligor, other than the personal representative of the     decedent's estate, shall be liable for making such payments or     distributions of property subject to the spouse's election as     would have been required by the terms of the conveyance or     contract in the absence of an election.        (f)  Transferees and lienholders for value.--No transferee of     or holder of a lien against property subject to a spouse's     election shall be liable to a surviving spouse if the transferee     or lienholder has given a bona fide consideration, unless a     certified copy of an order or decree of court providing to the     contrary with respect to real property has been recorded in the     office for the recording of deeds of the county where the real     estate lies prior to the recording of the transfer or the entry     of the lien of record. The recording of any such order or decree     shall be indexed in the grantor's index under the name of the     decedent.        Cross References.  Section 2211 is referred to in sections     2202, 2204, 5603 of this title.