Wisconsin Statutes 865.19 – Limitations on actions and proceedings against distributees
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 865.19
- Decedent: A deceased person.
- Fraud: Intentional deception resulting in injury to another.
- Personal representative: means a person, however denominated, who is authorized to administer a decedent's estate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) Unless previously adjudicated in a formal testacy proceeding or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of:
(a) Three years after the decedent‘s death; or
(b) One year after the time of distribution thereof.
(2) This section does not bar an action to recover property or value received as the result of fraud or an action by a creditor where notice was not given under s. 859.07.