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Laws from the 1970s
RSMo 473.393effective 02 Jan 1979

Collection of contingent claims from distributees

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In plain English

When someone dies and their belongings are given out to family or others, but there was an unfinished claim (a debt that wasn't settled yet) against the estate, this law covers what happens if that debt later becomes real and final. The people who received a share of the estate may have to pay that debt, but only up to the amount they received. They all share responsibility for the debt. If one person can't pay their fair share, the others may have to cover it. Anyone who ends up paying more than their fair share can go after the others to get that extra money back. The creditor has six months after the debt becomes final to take action.

Word-for-word law

473.393. Collection of from . — If a has been filed and allowed against an and all the of the estate including the , if any, set apart for the payment thereof, have been , and the thereafter becomes absolute, the may recover thereon against those distributees whose distributive shares have been increased by reason of the fact that the amount of the claim as ly determined was not paid prior to , if an therefor is within six months after the claim becomes absolute. The distributees are , but no is 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 parties to the action. By its the court shall determine the amount of the of each of the defendants as between themselves, but if any is or unable to pay his proportion, or beyond the reach of process, the others, to the extent of their respective , 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 all who, by reason of the failure on his part, have paid more than their just proportion of the debt, the to be recovered in the same action or in separate actions.

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Source & history notes

(L. 1955 p. 385 § 149, A.L. 1978 H.B. 1634) Effective 1-02-79

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 473.393: Collection of contingent claims from distributees | KnowMo Laws