§ 524.3-1004 — Liability of Distributees to Claimants
Plain-Language Summary
After an estate's assets have been distributed, an undischarged claim that is not barred may still be pursued in a proceeding against one or more of the people who received the property (the distributees). Each distributee's liability is capped at the value of what that person received as of the time of distribution, and distributees share the cost of paying valid claims among themselves.
524.3-1004 LIABILITY OF DISTRIBUTEES TO CLAIMANTS.
After assets of an estate have been distributed and subject to section 524.3-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. If a personal representative closes an estate without giving notice as required under section 524.3-801, paragraph (d), notwithstanding any other law to the contrary, claims arising under sections 246.53, 256B.15, 256D.16, and 261.04 shall be undischarged and unbarred claims. The governmental entities entitled to file claims under those sections shall be entitled to prosecute their claims against distributees as provided for in this section, and the limitations in section 524.3-1006 shall not apply. No distributee shall be liable to claimants for amounts in excess of the value of the distributee’s distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against the first distributee loses the right of contribution against other distributees.
History:
1974 c 442 art 3 s 524.3-1004; 1986 c 444; 1997 c 217 art 2 s 17
History: History: 1974 c 442 art 3 s 524.3-1004; 1986 c 444; 1997 c 217 art 2 s 17