Texas Estates Code 354.058 – Creditors May Sue Distributees
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(a) A creditor of an estate withdrawn from administration under Section 354.053 whose debt or claim against the estate is unpaid and not barred by limitation may sue:
(1) any distributee who has received any of the estate; or
(2) all the distributees jointly.
(b) A distributee is not liable for more than the distributee’s just proportion according to the amount of the estate the distributee received in the distribution.
Terms Used In Texas Estates Code 354.058
- Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012