Wis. Stat. § 879.63
Action by person interested to secure property for estate
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879.63879.63 Action by person interested to secure property for estate. Whenever there is reason to believe that the estate of a decedent as set forth in the inventory does not include property which should be included in the estate, and the personal representative has failed to secure the property or to bring an action to secure the property, any person interested may, on behalf of the estate, bring an action in the court in which the estate is being administered to reach the property and make it a part of the estate. If the action is successful, the person interested shall be reimbursed from the estate for the reasonable expenses and attorney fee incurred by the person in the action as approved by the court but not in excess of the value of the property secured for the estate.
879.63 AnnotationBringing an action under this section is not the exclusive remedy of a party challenging an omission from an inventory. Ruediger v. Sheedy, 83 Wis. 2d 109, 264 N.W.2d 604 (1978).
879.63 AnnotationDeferred marital property under s. 861.02 (1) is property subject to administration for all purposes, including the payment of claims under this section. Templeton v. Moccero, 168 Wis. 2d 313, 483 N.W.2d 310 (Ct. App. 1992).
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1978–2023 · leading case: In Matter of Estate of Ruediger
In Matter of Estate of Ruediger (1978)
“He contended that the exclusive procedure to reach uninventoried assets of the estate is contained in sec. 879.63, Stats., which requires commencement of an “action.”
Bell v. Neugart (2002)
“Finally, with respect to Jameson's contention that she had to incur attorney fees that the estate would have incurred had Neugart not been acting as personal representative, Wis. Stat. § 879.63 provides that persons seeking to collect property for the estate, when the personal…”
Gustafson v. Zumbrunnen (2008)
“” Wis. Stat. § 879.63 . (We need not consider whether, in the teeth of the statutory language, such a suit can be brought in a different court, namely a federal district court, from the court in which the estate is being administered.”
Potts v. Garionis (1985)
“1 Lillian Potts commenced this action pursuant to sec. 879.63, Stats., to secure the coins for the estate.”
In Matter of Estate of Moccero (1992)
“Templeton claims that Samuel's interest in the Moccero's homestead should have been included in her mother's estate to reimburse her under sec. 879.63, Stats., for her expenses and attorney fees incurred in securing the property for the estate.”
Sean Higgins (2023)
“” Wis. Stat. § 879.63 (emphasis added). 7 The debtor’s schedules suggest that the estate includes a vehicle.”
Mary Nies v. Probate Services, LLC (2021)
“§ 879.63, to fees for locating the cash and ensuring it was provided to Kudick.”
Gustafson, Susan v. Zumbrunnen, Kathryn (2008)
“” Wis. Stat. § 879.63 . (We need not consider whether, in the teeth of the statutory language, such a suit can be brought in a different court, namely a federal district court, from the court in which the estate is being adminis- tered.”
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