Action by creditor against next of kin

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  • (a) The next of kin of a deceased person are liable to an action by a creditor of the estate to recover the distributive shares received out of such estate, or to so much thereof as may be necessary to satisfy his debt. The action may be against all the next of kin jointly or against any one or more of them severally.

  • (b) In such an action the plaintiff may recover the value of all the assets received by all the defendants in the action, if necessary to satisfy the debt. The amount of the recovery shall be apportioned among the defendants, in proportion to the value of the assets received by each. No allowance or deduction shall be made from such amount on account of there being other next of kin to whom assets have also been delivered.

  • (c) Any one of the next of kin against whom a recovery is had pursuant to subsection (b) of this section may maintain an action against all the other next of kin of the deceased person to whom any such assets have been delivered jointly, or against any of them separately for a just and equal contribution.


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