Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
So yes the ex can enter into a judgment by confession, he agrees he owes it and judge signs judgment with amount he owes you plus interest until paid off.This is a legal judgment you can record and lien any property and otherwise try to collect it here.
I appreciate the chance to help you tonight.Thanks again.
The estate could agree to such a judgment but usually you file a creditor claim against the estate and are paid.There would be no need here for a judgment, they pay the claim.If they reject the claim for some reason then you could sue and get such a judgment.But if there are sufficient assets you would be paid here in SC
This sets out the priority of paying claims including yours.
You would gather proof of the claim here, the prior orders and submit a demand letter for the amount you are owed as a creditor to the personal representative of the estate for payment.Check the county where he deceased to see who the pr of the estate is.
The statute you referenced above is really against the living here if the estate has assets you file a creditor claim and sue if denied.
Thanks for the follow up and chance to help.
If your claim is rejected by the estate then a civil suit against the estate is next.The demand letter/creditor claim here is submitted to the executor or lawyer for the estate.You file civil suit in probate court seeking the amount of the claim.
Here since the MSJ was granted you would need to appeal the order granting the MSJ. The court denied the action to enforce the claim and ruled that as a matter of law the claim was denied.You appeal the order here to the higher court of appeals by giving notice of appeal.