12-2.2 – Action May Be Joint or Several; Right to Implead
§ 12-2.2 Action may be joint or several; right to implead An action may be brought against one or more of the persons subject to liability under this article. A person against whom an action is brought may implead, pursuant to the provisions of CPLR article 10 governing impleader, any person who may be liable […]
12-2.3 – Effect of Application to Surrogate to Sell Real Property
§ 12-2.3 Effect of application to surrogate to sell real property If, during the pendency of an action to enforce a liability created by this article against a distributee or devisee of real property, a proceeding is pending or is subsequently commenced for the judicial settlement of the account of the personal representative, the action […]
12-2.4 – Effect of Judgment
§ 12-2.4 Effect of judgment A judgment recovered in an action brought under this article is preferred, as a lien on any property of the decedent passing to a defendant against whom the judgment was recovered, to a judgment obtained against such defendant on his personal obligation.
12-1.1 – Liability of Distributees and Testamentary Beneficiaries
§ 12-1.1 Liability of distributees and testamentary beneficiaries (a) Subject to the other provisions of this article, distributees and testamentary beneficiaries are liable, in an action, to the extent of the value of any property received by them as such, for the debts and reasonable funeral expenses of a decedent, the expenses of administering his […]
12-1.2 – Order of Liability; Preferences
§ 12-1.2 Order of liability; preferences (a) Distributees and testamentary beneficiaries are liable, as provided in 12-1.1, in the following order: (1) Distributees. (2) Residuary beneficiaries. (3) General beneficiaries. Demonstrative beneficiaries shall be treated as general beneficiaries, to the extent that the property or fund charged with a demonstrative disposition has adeemed. (4) Specific beneficiaries. […]
12-2.1 – Action Not Impaired by Failure of Creditor or Other Person to Present Claim to Representative as Prescribed by Law
§ 12-2.1 Action not impaired by failure of creditor or other person to present claim to representative as prescribed by law The failure of the plaintiff to present his claim to the personal representative as prescribed by law shall not impair his right to maintain an action against distributees or testamentary beneficiaries under this article; […]