Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and the income and gain from that property received by him. History: 1953 Comp., § 32A-3-909, enacted by Laws 1975, ch. 257, § 3-909. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-909 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators §§ 502, 504, 510.
New Mexico Legal Code