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 devisees, shall:
(1) Have the same rights and remedies to compel a distribution of the personal property and partition of the real estate or to recover from the legatees or devisees the portion of the property that belongs to him or her as any other person entitled to any part of the estate;
(2) Have the same rights and remedies to compel a contribution from other persons interested in the estate, or to gain possession of the property, as any other person entitled to any part of the estate; and
(3) Be equally liable to the creditors of the decedent under this chapter as any other person entitled to any part of the estate.
History: 1979 c. 32 s. 55; Stats. 1979 s. 777.41; 1993 a. 486; 2001 a. 102 s. 125; Stats. 2001 s. 877.41.
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.