Section 473.393

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 02 Jan 1979, see footnote   

  473.393.  Collection of contingent claims from distributees — limitations — contribution. — If a contingent claim has been filed and allowed against an estate and all the assets of the estate including the fund, if any, set apart for the payment thereof, have been distributed, and the claim thereafter becomes absolute, the creditor may recover thereon against those distributees whose distributive shares have been increased by reason of the fact that the amount of the claim as finally determined was not paid prior to final distribution, if an action therefor is commenced within six months after the claim becomes absolute.  The distributees are jointly and severally liable, but no distributee is liable for an amount exceeding the amount of the estate or fund distributed to him.  If more than one distributee is liable to the creditor, he shall make all distributees who can be reached by process parties to the action.  By its judgment the court shall determine the amount of the liability of each of the defendants as between themselves, but if any is insolvent or unable to pay his proportion, or beyond the reach of process, the others, to the extent of their respective liabilities, nevertheless, are liable to the creditor for the whole amount of his debt.  If a person liable for the debt fails to pay his just proportion to the creditor, he is liable to indemnify all who, by reason of the failure on his part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.

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(L. 1955 p. 385 § 149, A.L. 1978 H.B. 1634)

Effective 1-02-79