Legal Question in Credit and Debt Law in North Carolina

I have a judgment against a person who is deceased. I have put in a claim at court house. I am told the deceased has someone and a lawyer handling the estate but did fill out estate papers. what else can I do?

Asked on 7/17/13, 6:53 am

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Look up the estate file, find out who the executor of the estate is and immediately send a written notice of your claim to both the executor and attorney handling the estate. You may also want to send one to the Estate Clerk of Court.

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Answered on 7/17/13, 10:47 am

Do you mean that you filed your judgment/claim with the estate? You need to file it in the estate file at the court and I would send notice to the executor as well and his/her attorney.

However, that does not mean your judgment is going to get paid. Judgments are entitled to semi-priority status in terms of paying claims but only if there are sufficient assets to do so.

I would take a look at the estate file. Estate files are matters of public record and anyone can see them. Find out who the executor and attorney are and look at the inventory or preliminary inventory as well as any other claims that are filed. This will give you an idea of what the deceased owned and owed and whether you stand a chance of getting paid.

If the claim is timely filed with the court (it usually has to be filed within the period set forth in the notice of publication 3-6 months roughly after the executor is appointed) then the executor will not be allowed to close the estate until your claim is disposed of. So the executor has to make a decision to deny your claim or compromise it or else it has to be paid.

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Answered on 7/17/13, 12:19 pm

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