877.41 – Rights and liabilities of posthumous child and witness to will.
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 […]
877.42 – Estate of deceased heir liable.
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 […]
877.28 – Limit of liability.
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. History: 1979 c. 32 s. 55; 1979 […]
877.29 – Debts charged upon realty not affected.
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. History: 1979 […]
877.32 – Judgment, how collected.
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 […]
877.36 – Debts, order of payment.
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: (1) Debts entitled to preference under the laws of the […]
877.38 – Defenses.
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 […]
877.39 – Extent of liability.
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 […]
877.40 – Preferred debts deducted.
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 […]
877.21 – Recovery against legatee; contribution.
877.21 Recovery against legatee; contribution. (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 […]