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Current as of January 01, 2025 | Updated by Findlaw Staff
(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:
(a) That no assets were delivered by the personal representative to the heirs.
(b) That the value of the assets delivered to the heirs has been recovered by some other creditor.
(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.
(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.
(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.
(3) Specific legacies and devises are preferred to residuary legacies and devises.
Cite this article: FindLaw.com - Wisconsin Statutes Probate (Ch. 851 to 882) § 877.21. Recovery against legatee; contribution - last updated January 01, 2025 | https://codes.findlaw.com/wi/probate-ch-851-to-882/wi-st-877-21/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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