877.21(1)
(1) If an action is brought against all the legatees and devisees, the plaintiff shall not recover unless the plaintiff shows, in addition to the facts required to be shown in an action against the heirs, any of the following:
877.21(1)(a)
(a) That no assets were delivered by the personal representative to the heirs.
877.21(1)(b)
(b) That the value of the assets delivered to the heirs has been recovered by some other creditor.
877.21(1)(c)
(c) That the assets delivered by the personal representative to the heirs are not sufficient to satisfy the demands of the plaintiff and that the plaintiff is entitled to recover the deficiency.
877.21(2)
(2) If an action is brought against a preferred legatee or devisee or a preferred class, the plaintiff must also show the same matters as to the legatee or devisee or class to whom the defendants are preferred as is required to be shown under
sub. (1) as to the heirs.
877.21(2m)
(2m) Any legatee or devisee against whom recovery is made may maintain an action for contribution against others of the same class as heirs may among themselves.
877.21(3)
(3) Specific legacies and devises are preferred to residuary legacies and devises.
877.21 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.21;
2001 a. 102 s.
112 to
115; Stats. 2001 s. 877.21.
877.22
877.22
Payment a discharge. In case of any judgment against several heirs, legatees, or devisees, the payment or satisfaction of the amount recovered against any one of the defendants shall discharge that defendant from the judgment and from execution on the judgment.
877.22 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.22;
2001 a. 102 s.
116; Stats. 2001 s. 877.22.
877.26
877.26
Accounts as evidence. The account of the personal representative, settled by the proper circuit court, may be used in any action brought under the provisions of this chapter as presumptive evidence of any matter of fact stated in the account.
877.26 History
History: 1977 c. 449 s.
497;
1979 c. 32 s.
55; Stats. 1979 s. 777.26;
2001 a. 102 s.
117; Stats. 2001 s. 877.26.
877.28
877.28
Limit of liability. When part of the plaintiff's debt has been collected, the plaintiff may recover only the residue remaining unpaid. When the action is against the devisees and legatees, the plaintiff may recover only that part of the debt that is not recoverable from the heirs.
877.28 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.28;
2001 a. 102 s.
118; Stats. 2001 s. 877.28.
877.29
877.29
Debts charged upon realty not affected. Nothing in this chapter shall affect the liability of heirs or beneficiaries for any debt of their decedent that was by the decedent's will expressly charged upon property or made payable exclusively out of particular property or of any beneficiary made exclusively liable for the debt.
877.29 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.29;
2001 a. 102 s.
119; Stats. 2001 s. 877.29.
877.32
877.32
Judgment, how collected. If any real estate that descended or was devised to any defendant is not aliened by the defendant before the filing of a notice of the pendency of an action, the court shall adjudge that the debt owing to the plaintiff, or the portion of the debt that the plaintiff is entitled to recover against the defendant, shall be levied only out of the real estate so descended or devised.
877.32 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 877.32;
2001 a. 102 s.
120; Stats. 2001 s. 877.32.
877.36
877.36
Debts, order of payment. The next of kin, legatees, heirs, or devisees who are liable for demands against the decedent under this chapter shall be given preference in the payment of and shall be liable for demands against the estate in the following order:
877.36(1)
(1) Debts entitled to preference under the laws of the United States.
877.36(2)
(2) Judgments entered in the judgment and lien docket against the decedent, according to the respective priority of the judgments.
877.36(3)
(3) All other debts arising or growing out of any contract.
877.36 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.36;
1995 a. 224;
2001 a. 102 s.
121; Stats. 2001 s. 877.36.
877.38
877.38
Defenses. If the decedent's next of kin, legatees, heirs, and devisees show that there are unsatisfied debts of the decedent that are of a class prior to or the same as the class of the debt on which the action is brought and that the value of the personal property delivered to them or of the real estate descended or devised to them does not exceed the debts of a class prior to that of the debt on which the action is brought, judgment shall be rendered in their favor.
877.38 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.38;
2001 a. 102 s.
122; Stats. 2001 s. 877.38.
877.39
877.39
Extent of liability. If the personal property delivered to the decedent's next of kin or legatees or the real estate descended or devised to the decedent's heirs or devisees exceeds the amount of debts that are entitled to a preference over the debt for which an action is brought, judgment shall be rendered against the next of kin, legatees, heirs, or devisees only for a sum that is a just proportion to the other debts of the same class with that on which the action is brought.
877.39 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.39;
2001 a. 102 s.
123; Stats. 2001 s. 877.39.
877.40
877.40
Preferred debts deducted. If any debt of the decedent that is of the same or a prior class to that on which an action is brought has been paid by any next of kin, legatee, heir, or devisee, that person may give evidence of the payment, and the amount of debts so paid shall be estimated in ascertaining the amount to be recovered in the same manner as if those paid debts were outstanding and unpaid as prescribed in
ss. 877.38 and
877.39.
877.40 History
History: 1979 c. 32 ss.
55,
92 (7); Stats. 1979 s. 777.40;
2001 a. 102 s.
124; Stats. 2001 s. 877.40.
877.41
877.41
Rights and liabilities of posthumous child and witness to will. A child born after the making of a will who is entitled to succeed to a portion of any of the testator's property, or a witness to a will who is entitled to recover any portion of the testator's property from the legatees or devisees, shall:
877.41(1)
(1) Have the same rights and remedies to compel a distribution of the personal property and partition of the real estate or to recover from the legatees or devisees the portion of the property that belongs to him or her as any other person entitled to any part of the estate;
877.41(2)
(2) Have the same rights and remedies to compel a contribution from other persons interested in the estate, or to gain possession of the property, as any other person entitled to any part of the estate; and
877.41(3)
(3) Be equally liable to the creditors of the decedent under this chapter as any other person entitled to any part of the estate.
877.41 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.41;
1993 a. 486;
2001 a. 102 s.
125; Stats. 2001 s. 877.41.
877.42
877.42
Estate of deceased heir liable. The estate of any heir, devisee, legatee, or next of kin of a decedent who dies before paying his or her just share of the decedent's debts is liable for his or her share of the decedent's debts, as a personal debt, to the same extent that he or she would have been liable if living.
877.42 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.42;
2001 a. 102 s.
126; Stats. 2001 s. 877.42.
