Asked in Collections and Probate for Delaware

Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

My mother passed away August two years ago. She had a house but was the only name on the deed. The estate was turned over by the state to a lawyer to be the executor and the house was sold in Sherriff's sale. There was no money in the estate. Her homeowner association is trying to sue my brothers for homeowner association fees from the past two years. Can they file a judgment personally against us as we had nothing to do with the house or the estate? Thank you for your help.

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1 Lawyer Answer

Kenneth V Zichi

Answered
  • Estate Planning Lawyer
  • Howell, MI

A: Probably not, but if they try it is IMPORTANT that you defend yourself! Don't let court notices go unanswered, and be sure you have an attorney on board who can review the WHOLE situation to insure there isn't some important fact that would create liability that we are missing here!

Get a local lawyer on board NOW to help defend you if you feel this is likely to happen!

--This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice you should consult with a local attorney. I am licensed to practice in Michigan only.

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