Legal Question in Civil Litigation in Illinois

Judgement

A judgement was obtained on a male subject in reference to a home sale on contract. He is now deceased. He was married at the time the house was purchased and when the judgement was obtained? Is his widow liable for the judgement. Can the judgement be reinstated with an alias, i.e. his wife?


Asked on 9/01/05, 5:17 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Judgement

Hello. An estate should be opened for the deceased male. Then any creditors have a right

to file claims against the estate in Illinois for

6 months after the estate is opened. After 6 months, the creditors are barred from seeking

recovery from the deceased male's estate. This

is the best protection for the wife. From your

question, I cannot determine whether the decedent

purchased the house or sold the house. However, in either instance, in my opinion, the best approach would be to open an estate. I will be happy to answer any additional questions that you might have.

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Answered on 9/02/05, 6:28 pm


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