Wisconsin Statutes

Wis. Stat. § 813.026 (2026)

Remedy against heirs and legatees; temporary injunction; receivership; judgment

✓ current as of July 2026

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813.026813.026 Remedy against heirs and legatees; temporary injunction; receivership; judgment. In an action, in a court of record, for damages founded upon contract or upon a judgment, when it appears that the defendant is interested, as heir, legatee, or devisee, in the estate of a decedent and that the defendant’s property that is liable to execution is probably insufficient to satisfy the plaintiff’s claim for damages, the defendant may be enjoined by the court, pending the action, from assigning or otherwise disposing of the defendant’s interest in the estate, and a receiver for the defendant’s interest may be appointed. The judgment may compel the defendant to transfer sufficient of the defendant’s interest to satisfy the judgment or may adjudge the transfer. The remedy given by this section is in addition to that given by proceedings supplementary to execution under ch. 816. If a receiver is appointed, he or she shall give prompt notice of the appointment to the personal representative.

813.026 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975), 779; Stats. 1975 s. 813.026; 1993 a. 486; 2001 a. 102.

Notes of Decisions

Cited in 2 cases, 1987–1987 · leading case: In Matter of Est. of Goldammer, 405 N.W.2d 693 (Wis. Ct. App. 1987).

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In Matter of Est. of Goldammer, 405 N.W.2d 693 (Wis. Ct. App. 1987). · cites it 7× “This case tests whether a debtor can disclaim a bequest received in a will in order to defeat an action begun by a judgment creditor under sec. 813.026, Stats. We hold that unless barred by statute, the disclaimer can defeat the creditor's action.”

John Deere Credit Co. v. Goldammer, 405 N.W.2d 693 (Wis. Ct. App. 1987). · cites it 6× “This case tests whether a debtor can disclaim a bequest received in a will in order to defeat an action begun by a judgment creditor under sec. 813.026, Stats. We hold that unless barred by statute, the disclaimer can defeat the creditor’s action.”

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