Minnesota Statutes 573.07 – Legatees; When Liable
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:
Terms Used In Minnesota Statutes 573.07
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Executor: A male person named in a will to carry out the decedent
- Legatee: A beneficiary of a decedent
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Testator: A male person who leaves a will at death.
(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.