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.
History: 1979 c. 32 s. 55; Stats. 1979 s. 777.38; 2001 a. 102 s. 122; Stats. 2001 s. 877.38.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 877 - Actions by and against personal representatives, heirs, and legatees.
877.01 - Tort actions on surviving causes.
877.03 - Multiple personal representatives to be considered one.
877.05 - Judgment not to bind realty.
877.07 - Authority of deceased personal representative's personal representative.
877.08 - Liability as executor of his or her own wrong.
877.14 - Rebuttal of inventory.
877.16 - Foreign personal representatives empowered to act.
877.17 - Actions against personal representatives; when allowed; when not.
877.18 - Action to recover from heirs, legatees; parties defendant.
877.19 - Action against heirs and legatees; what may be recovered; costs.
877.20 - Contribution among heirs.
877.21 - Recovery against legatee; contribution.
877.26 - Accounts as evidence.
877.29 - Debts charged upon realty not affected.
877.32 - Judgment, how collected.
877.36 - Debts, order of payment.
877.40 - Preferred debts deducted.
877.41 - Rights and liabilities of posthumous child and witness to will.