877.41 Rights and liabilities of posthumous child and witness to will. - Wisconsin Statutes

877.41

877.41 Rights and liabilities of posthumous child and witness to will. A child born after the making of a will who is entitled to succeed to a portion of any of the testator's property, or a witness to a will who is entitled to recover any portion of the testator's property from the legatees or devisees, shall:

877.41(1)

(1) Have the same rights and remedies to compel a distribution of the personal property and partition of the real estate or to recover from the legatees or devisees the portion of the property that belongs to him or her as any other person entitled to any part of the estate;

877.41(2)

(2) Have the same rights and remedies to compel a contribution from other persons interested in the estate, or to gain possession of the property, as any other person entitled to any part of the estate; and

877.41(3)

(3) Be equally liable to the creditors of the decedent under this chapter as any other person entitled to any part of the estate.

877.41 - ANNOT.

History: 1979 c. 32 s. 55; Stats. 1979 s. 777.41; 1993 a. 486; 2001 a. 102 s. 125; Stats. 2001 s. 877.41.