Legatees are liable to an action by a creditor of the testator to recover the value of legacies received by them. Such action may be brought against all or any one or more of the legatees. The plaintiff cannot recover without showing:
(1) that no assets were delivered by the executor or administrator to the heirs or next of kin; or
(2) that the value of the assets so delivered has been recovered by another creditor; or
(3) that such assets are not sufficient to satisfy the demands of the plaintiff, in which case the plaintiff can recover only the deficiency.
The whole amount which the plaintiff can recover shall be apportioned among all the legatees, in proportion to the amount of their legacies, respectively, and each legatee's proportion only can be recovered of each legatee.
(9662) RL s 4508; 1986 c 444
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Chapter 573 — Personal Representatives, Heirs; Actions
Section 573.01 — Survival Of Causes.
Section 573.02 — Action For Death By Wrongful Act; Survival Of Actions.
Section 573.03 — Default Judgment; Judgment Not Lien Upon Real Property.
Section 573.04 — Executor's Wrong, To Whom Liable.
Section 573.05 — Action By Foreign Executor.
Section 573.06 — Next Of Kin; Liability For Debts; Contribution.
Section 573.07 — Legatees; When Liable.
Section 573.08 — Costs; Judgment, When Discharged.
Section 573.09 — Heirs And Devisees; When Liable.
Section 573.10 — Apportionment Of Liability; Contribution.
Section 573.11 — New Parties; Issues; Apportionment.
Section 573.12 — Estate Of Deceased Heirs, When Liable.
Section 573.13 — Contribution Among Heirs.
Section 573.14 — Priority Among Debts.
Section 573.15 — No Preference Between Debts Of Same Class.
Section 573.16 — Defenses; Other Debts Outstanding Or Paid.
Section 573.17 — Real Property Descended; Lien Of Judgment.
Section 573.18 — Personal Liability; Alienation Before Suit.
Section 573.19 — Heirs And Devisees; Limit Of Recovery.