Philadelphia, PA asked in Estate Planning for Pennsylvania

Q: Does the executor of the estate have to pay their personal judgment at settlement,when the deceased persons home is sold

Related Topics:
1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in Pennsylvania

A: I don't understand your question. You ask if the executor of an estate have to pay a personal judgment against the executor?

The duties of executor are separate from personal legal matters. If the executor was sued in his/her individual capacity on matters pertaining to something other than the estate, then the executor, who I hope had an attorney has to discuss with counsel whether to pay the judgment or file bankruptcy. However, resolution of the judgment does not depend on sale of the decedent's home.

If the estate has been sued, the estate is a thing not a human. The lawsuit has to be served on some person and some person must handle the litigation on behalf of the estate. That person is the estate executor and if the estate is sued, then the lawsuit would be...

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.