I am executor of my fathers estate.He has a judgement against him can I sell real property to satisfy claim or is there a lein?

Probate 3 views 3 answers
My father passed away in january 2010.I am executor of the estate.He has a judgment against him for $85,000.Can I sell real property befor end of probate period to pay for estate cost,debts, and attorney fees or is there a lein against the Estate preventing me from selling real estate?

Attorney Answers

3
Douglas Martinson ·
If the judgment against him was filed with the Probate Records, it is a lien against the property and it cannot be sold (and clear title given to the purchaser) without satisfying that judgment in the Probate Records. You can sell the property provided his will gives you the power to sell it without court approval. If it didn't have those powers or there wasn't a will, you can petition the court to have the property to have it sold to pay off the debts.
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Theodore Robinson ·
As the Executor of your father's estate, you may sell or liquidate any property in order to satisfy any outstanding debts or judgments. However, since its property you wish to sell and there is a judgment in place (and I presume its been filed) it will have to be satisfied before the title company will approve the sale or a bank will issue the mortgage on any loan needed to purchase the property. However, that's usually done at the time of closing. Good luck.
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Mark Hankins ·
I can't opine directly on Alabama law but I can share some tips. Generally estate costs and attorney's fees are superior to all other claims against an estate. Even though this creditor has a judgment debt and a lien, the creditor needs to make a claim in the estate or the judgment is just a piece of paper against a dead person, and it's quite probable that the judgment would become invalid if an estate creditor who had been properly noticed-up neglected to make a claim in the estate (and the lien would go down the drain with it). Rather than wait until the estate is closed out, there may be a procedure that can be followed that would avoid this lien and escrow some of the proceeds from the sale of this property to be held for the judgment creditor/lienor in the event the latter does come forward prior to being forever barred by the expiry of the claim period.
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