AB933, s. 97
5Section
97. 553.73 of the statutes is amended to read:
AB933,45,24
6553.73 Service of process. When any person, including any nonresident of
7this state, engages in conduct prohibited or made actionable by this chapter or any
8rule or order under this chapter, whether or not the person has filed a consent to
9service of process under s. 553.27 (10), and personal jurisdiction over the person
10cannot otherwise be obtained in this state, that conduct shall be considered
11equivalent to the person's appointment of the division to be the person's attorney to
12receive service of any lawful process in any noncriminal suit, action
, or proceeding
13against the person or the person's successor
, executor or
administrator which 14personal representative that grows out of that conduct and
which that is brought
15under this law or any rule or order under this chapter, with the same force and
16validity as if served on the person personally. Service may be made by leaving a copy
17of the process at the office of the division, but it is not effective unless the plaintiff,
18who may be the division in a suit, action
, or proceeding instituted by the division,
19forthwith immediately sends notice of the service and a copy of the process by
20registered or certified mail to the defendant or respondent at his or her last-known
21address or takes other steps
which that are reasonably calculated to give actual
22notice, and the plaintiff's affidavit of compliance with this section is filed in the case
23on or before the return day of the process, if any, or within
such any further time
as 24that the court allows.
AB933, s. 98
25Section
98. 601.72 (3) of the statutes is amended to read:
AB933,46,4
1601.72
(3) Others affected. The commissioner and department of financial
2institutions shall also be attorneys for the
executors, administrators or personal
3representatives, receivers, trustees
, or other successors in interest of the persons
4specified in sub. (1).
AB933, s. 99
5Section
99. Chapter 777 (title) of the statutes is renumbered Chapter 877
6(title) and amended to read:
AB933,46,117
Chapter 877
8
Actions by and against
9executors, administrators
10personal representatives, heirs
,11
and legatees
AB933, s. 100
12Section
100. 777.01 of the statutes is renumbered 877.01 and amended to
13read:
AB933,46,20
14877.01 Tort actions on surviving causes. If
the a cause of action survives
15under ch. 895,
the executors or administrators a personal representative may
16maintain an action
thereon on the cause of action against the wrongdoer
, in every
17case
where their in which the decedent could
, if living,
maintain the action and, after
18the wrongdoer's death, against the wrongdoer's
executors or administrators. But 19personal representative, except that this section shall not extend to actions for
20slander or libel.
AB933, s. 101
21Section
101. 777.03 of the statutes is renumbered 877.03 and amended to
22read:
AB933,47,6
23877.03 Executors, etc., Multiple personal representatives to be
24considered one. In
actions an action or
proceedings proceeding against
executors
25or administrators they more than one personal representative of an estate, all of the
1personal representatives shall all be considered
as to be representing
their testator
2or intestate, and service the decedent. Service of
the summons on one
personal
3representative shall constitute service on all
, although the plaintiff may serve each
4of them. Judgment shall be rendered as if all had been served and execution may be
5issued against the property of the
testator or intestate decedent as if all had
6appeared.
But the plaintiff may actually serve each of them.
Note: Text is reordered for more logical placement.
AB933, s. 102
7Section
102. 777.05 of the statutes is renumbered 877.05 and amended to
8read:
AB933,47,13
9877.05 Judgment not to bind realty.
The A decedent's real estate
which
10belonged to any deceased person shall not be bound or in any way affected by
any
11judgment against the deceased person's executors or administrators, nor shall it be,
12or liable to be sold by virtue of any execution issued upon
such, any judgment
against
13the decedent's personal representative except as provided in s. 811.25.
AB933, s. 103
14Section
103. 777.06 of the statutes is renumbered 877.06 and amended to
15read:
AB933,48,2
16877.06 Executor may prosecute; set-off; judgment Prosecution and
17defense of actions by personal representatives; setoff of claims against
18decedent; judgments, how appealed and paid. (1) An executor or
19administrator A personal representative may commence and prosecute an action
20and may prosecute any action commenced by his or her predecessor or decedent for
21the recovery of any claim or cause of action
which
that survived and may have
22execution on any judgment. In the action the defendant may set off any claim
23pleadable as a counterclaim
which that he or she may have against the decedent,
24instead of presenting it to the court. If judgment is rendered in favor of the defendant
1the claim shall be certified to the circuit court
, and paid as other claims allowed
2against the estate.
AB933,48,11
3(2) An administrator of effects which were left unadministered by a previous
4administration of the same estate A successor personal representative may bring a
5writ of error or appeal upon any judgment against
the
his or her predecessor or
the 6decedent and shall defend any writ of error or appeal brought upon any
such 7judgment
, and against his or her predecessor or the decedent. The successor
8personal representative shall have the same remedies in the prosecution or defense
9of any action by or against
the his or her predecessor or
the decedent and
to collect
10and enforce in the collection and enforcement of any judgment as
the his or her
11predecessor or
the decedent had.
AB933, s. 104
12Section
104. 777.07 of the statutes is renumbered 877.07 and amended to
13read:
AB933,48,18
14877.07 Executor's executor not to sue Authority of deceased personal
15representative's personal representative. An executor of the will The personal
16representative of a deceased
executor personal representative shall not meddle with
17the estate
which that the
latter deceased personal representative was entrusted with
18or take any charge or control
thereof of the estate.
AB933, s. 105
19Section
105. 777.08 of the statutes is renumbered 877.08 and amended to
20read:
AB933,48,25
21877.08 Liability as executor of his or her own wrong. No person shall be
22liable to an action as executor of his or her own wrong
, but the wrongdoer shall be
23responsible to the
executors or administrators personal representative for the value
24of any property or effects wrongfully received or taken and for all damages caused
25by his or her acts to the estate of the decedent.
Note: "Executor" is retained here as part of the phrase "executor of his or her own
wrong," which according to Black's Law dictionary is "a stranger who takes upon him (or
her) to act as an executor without any just authority," and is also known as an "executor
de son tort." See also Merrill v. Comstock, 154 Wis. 434 (1913).
AB933, s. 106
1Section
106. 777.14 of the statutes is renumbered 877.14, and 877.14 (1) and
2(2), as renumbered, are amended to read:
AB933,49,73
877.14
(1) In any action or proceeding against
executors or administrators a
4personal representative, the inventory of
the decedent's property
of the decedent 5filed by
them the personal representative shall be prima facie evidence of the
6property
which that has come to
their the personal representative's possession or
7knowledge and of the value
thereof of the property.
AB933,49,11
8(2) In
such an action
or proceeding against a personal representative, the
9defendants defendant shall not be charged with choses in action specified in
their
the
10defendant's inventory unless it
appear appears that the
same choses in action have
11been collected or might have been collected with due diligence.
AB933, s. 107
12Section
107. 777.16 of the statutes is renumbered 877.16 and amended to
13read:
AB933,50,2
14877.16 Foreign executors, personal representatives empowered to act. 15When no
executor or administrator personal representative has been appointed in
16this state
, on for the estate of any decedent
who was not a resident of this state at
17the time of his or her death, a foreign
executor or administrator thereof personal
18representative of the decedent, upon filing the original
, or a certified copy of the
19original, appointment
or a certified copy thereof in any circuit court in this state, may
20exercise any power over the estate, including sales and assignments, and
may 21prosecute and defend any action and proceeding relating
thereto to the estate and
22shall have all the remedies and defenses in regard to the property and
to collect the
23collection of any demands of the estate
which an executor or administrator that a
1personal representative appointed in this state
can have or exercise in relation
2thereto has.
AB933, s. 108
3Section
108. 777.17 of the statutes is renumbered 877.17 and amended to
4read:
AB933,50,9
5877.17 Actions against executors personal representatives; when
6allowed; when not. No attachment or execution may be issued against the estate
7of the decedent or the
executor or administrator,
personal representative until the
8expiration of the time limited for the payment of debts, except as provided in ss.
9811.25 and 815.14.
AB933, s. 109
10Section
109. 777.18 of the statutes is renumbered 877.18 and amended to
11read:
AB933,50,18
12877.18 Action to recover from heirs, legatees; parties defendant. 13Actions against the heirs or legatees and devisees of any
deceased person decedent 14to recover the value of any assets that may have been paid or delivered to them by
15any executor or administrator a personal representative may be brought against all
16of the heirs or all of the legatees and devisees jointly or against one or more of them.
17If the action is not against all who are liable
, the rest shall be made parties on request
18of the defendant.
AB933, s. 110
19Section
110. 777.19 of the statutes is renumbered 877.19 and amended to
20read:
AB933,51,8
21877.19 Action against heirs and legatees; what may be recovered;
22costs. If an action
mentioned described in s.
777.18 877.18 is brought
, the plaintiff
23must show that he or she has been or will be unable, with due diligence, to collect
all
24or part of his or her debt
or some part thereof by proceedings in the circuit court or
25from the personal
representatives representative of the decedent. In that event,
1except as limited by s. 859.23, the plaintiff may recover the value of all the assets
2received by all the defendants if necessary to satisfy his or her demand, and the
3amount of the recovery shall be apportioned among the defendants in proportion to
4the value of the property received by each of them
; and the costs. Costs of the action
5shall be apportioned in like manner. No allowance or deduction may be made from
6the amount on account of other heirs or legatees or devisees to whom assets have also
7been delivered or paid. The judgment shall express the amount recovered against
8each defendant for damages and costs.
AB933, s. 111
9Section
111. 777.20 of the statutes is renumbered 877.20 and amended to
10read:
AB933,51,18
11877.20 Contribution among heirs. Any
of the heirs heir against whom
12recovery
shall be had pursuant to ss. 777.18 and 777.19 is made under ss. 877.18 and
13877.19 may maintain an action against the other heirs to whom any
such assets may
14have been paid or delivered
by the personal representative, jointly or against any of
15them separately, for a just and equal contribution
;, and shall be entitled to recover
16of from each defendant an amount
which shall be that is in the same proportion to
17the sum collected
of from the plaintiff as the value of the assets delivered to
such that 18defendant bore to the value of all the assets delivered to all the heirs.
AB933, s. 112
19Section
112. 777.21 (title) of the statutes is renumbered 877.21 (title).
AB933, s. 113
20Section
113. 777.21 (1) of the statutes is renumbered 877.21 (1) (intro.) and
21amended to read:
AB933,51,2422
877.21
(1) (intro.) If
the an action is brought against all the legatees and
23devisees
, the plaintiff shall not recover unless the plaintiff shows, in addition to the
24facts required to be shown in an action against the heirs
: that, any of the following:
AB933,52,2
1(a) That no assets were delivered by the
executor or administrator personal
2representative to the heirs
; or that.
AB933,52,4
3(b) That the value of
such the assets
delivered to the heirs has been recovered
4by some other creditor
; or that such.
AB933,52,7
5(c) That the assets
delivered by the personal representative to the heirs are not
6sufficient to satisfy the demands of the plaintiff
; and
in the last case that the plaintiff
7is entitled to recover the deficiency.
AB933, s. 114
8Section
114. 777.21 (2) of the statutes is renumbered 877.21 (2) and amended
9to read:
AB933,52,1310
877.21
(2) If
the an action
be is brought against a preferred legatee or devisee
11or a preferred class
, the plaintiff must also show the same matters as to the legatee
12or devisee or class to whom the defendants are preferred as is
above required to be
13shown
under sub. (1) as to the heirs.
And any
AB933,52,16
14(2m) Any legatee or devisee against whom recovery
shall be had is made may
15maintain an action for contribution against others of the same class as heirs may
16among themselves.
AB933, s. 115
17Section
115. 777.21 (3) of the statutes is renumbered 877.21 (3) and amended
18to read:
AB933,52,2019
877.21
(3) Specific legacies and devises are preferred to residuary
ones legacies
20and devises.
AB933, s. 116
21Section
116. 777.22 of the statutes is renumbered 877.22 and amended to
22read:
AB933,53,2
23877.22 Payment a discharge. In case of any judgment against several heirs
24or, legatees
, or devisees
, the payment or satisfaction of the amount recovered against
1any one of the defendants shall discharge
such
that defendant from the judgment
2and from execution
thereon on the judgment.
AB933, s. 117
3Section
117. 777.26 of the statutes is renumbered 877.26 and amended to
4read:
AB933,53,8
5877.26 Accounts as evidence. The account of the
executor or administrator 6personal representative, settled by the proper circuit court, may be used in any action
7brought under the provisions of this chapter as presumptive evidence of any matter
8of fact stated
therein in the account.
AB933, s. 118
9Section
118. 777.28 of the statutes is renumbered 877.28 and amended to
10read:
AB933,53,14
11877.28 Limit of liability. When part of the plaintiff's debt has been collected
, 12the plaintiff
can may recover only the residue remaining unpaid
; and when. When 13the action is against the devisees and legatees
, the plaintiff
shall may recover only
14such that part
thereof as shall of the debt that is not
be recoverable from the heirs.
AB933, s. 119
15Section
119. 777.29 of the statutes is renumbered 877.29 and amended to
16read:
AB933,53,21
17877.29 Debts charged upon realty not affected. Nothing in this chapter
18shall affect the liability of heirs or beneficiaries for any debt of their decedent
, which 19that was by the decedent's will expressly charged upon property or made payable
20exclusively out of particular property or of any beneficiary made exclusively liable
21for
any such the debt.
AB933, s. 120
22Section
120. 777.32 of the statutes is renumbered 877.32 and amended to
23read:
AB933,54,4
24877.32 Judgment, how collected. If any real estate
which that descended
25or was devised to any defendant is not aliened by the defendant before the filing of
1a notice of the pendency of
the an action
, the court shall adjudge that the debt
of 2owing to the plaintiff, or the portion
thereof which of the debt that the plaintiff is
3entitled to recover against
such the defendant, shall be levied
only out of
such the real
4estate so descended or devised
, and not otherwise.
AB933, s. 121
5Section
121. 777.36 of the statutes is renumbered 877.36, and 877.36 (intro.),
6as renumbered, is amended to read:
AB933,54,10
7877.36 Debts, order of payment. (intro.)
When the The next of kin, legatees,
8heirs
, or devisees
who are liable for demands against the decedent
as prescribed in 9under this chapter
they shall be given preference in the payment of
the same and
10shall be liable
therefor for demands against the estate in the following order:
AB933, s. 122
11Section
122. 777.38 of the statutes is renumbered 877.38 and amended to
12read:
AB933,54,19
13877.38 Defenses. The
If the decedent's next of kin, legatees, heirs
, and
14devisees
may show that there are
unsatisfied debts
of the decedent that are of a
class 15prior
class unsatisfied or that there are unpaid debts of the same class with that to
16or the same as the class of the debt on which the action is brought
; and
if it appear 17that the value of the personal property delivered to them or of the real estate
18descended or devised to them does not exceed the debts of a
prior class
prior to that
19of the debt on which the action is brought, judgment shall be rendered in their favor.
AB933, s. 123
20Section
123. 777.39 of the statutes is renumbered 877.39 and amended to
21read:
AB933,55,3
22877.39 Extent of liability. If the personal property delivered to
such the
23decedent's next of kin or
legatee, legatees or
if the real estate descended or devised
24to
such the decedent's heirs or devisees
, exceed exceeds the amount of debts
which 25that are entitled to a preference over the debt for which
the an action is brought
,
1judgment shall be rendered against
them the next of kin, legatees, heirs, or devisees 2only for
such a sum
as shall be
that is a just proportion to the other debts of the same
3class with that on which the action is brought.
AB933, s. 124
4Section
124. 777.40 of the statutes is renumbered 877.40 and amended to
5read:
AB933,55,12
6877.40 Preferred debts deducted. If any debt
of the decedent that is of
the
7same or a prior class to that on which
the an action is brought
, or of the same class,
8shall have has been paid by any next of kin,
legatees, heirs or devisees they legatee,
9heir, or devisee, that person may give evidence of
such the payment, and the amount
10of debts so paid shall be estimated in ascertaining the amount to be recovered in the
11same manner as if
such those paid debts were outstanding and unpaid as prescribed
12in ss.
777.38 877.38 and
777.39 877.39.
AB933, s. 125
13Section
125. 777.41 of the statutes is renumbered 877.41 (intro.) and amended
14to read:
AB933,55,19
15877.41 Rights and liabilities of posthumous child and witness to will. 16(intro.) A child born after the making of a will who is entitled to succeed to a portion
17of any of the
real or personal testator's property
or both of the testator, or a witness
18to a will who is entitled to recover any portion of
such the testator's property from
19the legatees or devisees, shall
have:
AB933,55,23
20(1) Have the same rights and remedies to compel a distribution of the personal
21property and partition of the real estate or to recover
of from the legatees or devisees
22such the portion of the property
as that belongs to him or her
, or to as any other person
23entitled to any part of the estate;
AB933,56,3
1(2) Have the same rights and remedies to compel a contribution from other
2persons interested in the estate, or to gain possession of the property, as any other
3persons who are person entitled to any part of
such the estate
; and
shall be
AB933,56,5
4(3) Be equally liable to the creditors of the decedent under this chapter
as any
5other person entitled to any part of the estate.
AB933, s. 126
6Section
126. 777.42 of the statutes is renumbered 877.42 and amended to
7read:
AB933,56,12
8877.42 Estate of deceased heir liable. The estate of any heir, devisee,
9legatee
, or next of kin of
a decedent who dies before paying his or her just share of
10the decedent's debts is liable
therefor for his or her share of the decedent's debts, as
11for a personal debt, to the
same extent
to which that he or she would have been liable
12if living.
AB933, s. 127
13Section
127. 803.01 (2) of the statutes is amended to read:
AB933,56,2114
803.01
(2) Representatives. A personal representative,
executor,
15administrator, guardian, bailee,
or trustee of an express trust, a party with whom or
16in whose name a contract has been made for the benefit of another, or a party
17authorized by statute may sue in the party's name without joining the person for
18whose benefit the action is brought. A partner asserting a partnership claim may
19sue in the partner's name without joining the other members of the partnership, but
20the partner shall indicate in the pleading that the claim asserted belongs to the
21partnership.
AB933, s. 128
22Section
128. 806.04 (4) (intro.) of the statutes is amended to read:
AB933,57,423
806.04
(4) Representatives, etc. (intro.) Any person interested as or through
24a personal representative,
executor, administrator, trustee, guardian or other
25fiduciary, creditor, devisee, legatee, heir, next of kin
, or cestui que trust
, in the
1administration of a trust, or of the estate of a decedent,
an infant, mental
2incompetent
, or insolvent, may have a declaration of rights or legal relations in
3respect
thereto to the administration of the trust or estate for any of the following
4purposes:
AB933, s. 129
5Section
129. 806.04 (4) (b) of the statutes is amended to read:
AB933,57,86
806.04
(4) (b) To direct the personal representatives
, executors, administrators 7or trustees to do or abstain from doing any particular act in their fiduciary capacity;
8or
AB933, s. 130
9Section
130. 813.026 of the statutes is amended to read:
AB933,57,22
10813.026 Remedy against heirs and legatees; temporary injunction;
11receivership; judgment. In an action, in a court of record, for damages founded
12upon contract or upon a judgment, when it appears that the defendant is interested,
13as heir, legatee
, or devisee, in the estate of a decedent and that the defendant's
14property
that is liable to execution is probably insufficient to satisfy the plaintiff's
15claim for damages, the defendant may be enjoined by the court, pending the action,
16from assigning or otherwise disposing of the defendant's interest in
such the estate
;
, 17and a receiver
therefor for the defendant's interest may be appointed. The judgment
18may compel the defendant to transfer sufficient of the defendant's interest to satisfy
19the judgment or may adjudge
such the transfer. The remedy given by this section
20is in addition to that given by proceedings supplementary to execution under ch. 816.
21If a receiver is appointed, he or she shall give prompt notice
thereof of the
22appointment to the
administrator or executor
personal representative.
AB933, s. 131
23Section
131. 814.14 of the statutes is renumbered 814.14 (1) (a) and amended
24to read:
AB933,58,7
1814.14
(1) (a)
In Except as provided in par. (b) or unless otherwise specifically
2provided in any action or proceeding prosecuted or defended in any court in
3Wisconsin this state by
an executor, administrator a personal representative,
4guardian ad litem, trustee of an express trust, general guardian or
a person
5expressly authorized by statute,
unless otherwise specially provided, costs
shall may 6be recovered as in an action by
and or against a person prosecuting or defending in
7the person's own right
; but such costs.
AB933,58,15
8(b) Except in cases in which the plaintiff or defendant is guilty of
9mismanagement or bad faith in the action, proceeding, or defense of the action, costs
10recovered under par. (a) shall be chargeable only upon or collected
of from the estate,
11fund
, or party represented
, unless. In cases in which the plaintiff or defendant is
12guilty of mismanagement or bad faith in the action, proceeding, or defense of the
13action, the court shall direct
that the
same to be costs recovered under par. (a) shall 14be paid by the plaintiff or defendant personally
, for mismanagement or bad faith in
15such action, proceeding or defense.
AB933,59,2
16(2) In
addition to other costs, all actions or proceedings in which any
receiver,
17assignee, guardian, guardian ad litem, executor, administrator, or other fiduciary
18may be entitled to recover costs
, the fiduciary may recover
in addition to other costs,
19such any sum
that the fiduciary paid
to a company
, authorized by the laws of this
20state
, so to
do act as the fiduciary's surety, for becoming the fiduciary's surety upon
21any bond or other obligation given by the fiduciary in the fiduciary's representative
22capacity
, in
such the action or proceeding
, pursuant to law or the order of any court
23or judge, as may be allowed by the court
or judge, in which
or before whom the
24fiduciary accounts, not exceeding
the lesser of 2% per year on the amount secured by
1such the obligation
, or
any less the actual amount
which the fiduciary may have paid
2any such to the company
for such purpose.
AB933, s. 132
3Section
132. 814.28 (1) of the statutes is amended to read:
AB933,59,94
814.28
(1) Defendant may require. Except as otherwise provided by s. 814.29,
5the defendant may require the plaintiffs to file security for costs if the plaintiffs are
6all nonresidents; or are foreign corporations, nonresident
executors, administrators 7personal representatives, guardians, trustees
, or receivers; or are trustees or
8assignees of any debtor; or are imprisoned for crime for terms less than life; or shall
9take issue upon the answer of the garnishee.
AB933, s. 133
10Section
133. 815.15 of the statutes is amended to read:
AB933,60,2
11815.15 Execution after judgment creditor's death. If the judgment
12creditor dies before satisfaction of the judgment
, an execution may be issued by the
13judgment creditor's attorney of record in the name of
such the decedent or in the
14name of the judgment creditor's
executor or administrator personal representative.
15Before an execution shall issue in the name of
an executor or administrator the
16executor or administrator a personal representative, the personal representative 17shall file with the clerk a copy of
his or her the letters testamentary or
of other letters
18authorizing the administration
, and of the decedent's estate, which the clerk shall
19file
such papers with the other papers in the action or proceeding
and. The clerk shall
20also enter at the foot of the judgment, in the judgment record, the fact of the death
21of
such the judgment creditor
, and the name and date of appointment of
such
22executor or administrator the personal representative. The moneys collected
23thereon on the judgment shall be paid to the
executors or administrators of such
24creditor; judgment creditor's personal representative, but if there
be none then is no
1personal representative, the moneys
so collected
on the judgment shall be paid to the
2clerk of the court.