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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16394
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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My brother and sisters just recently went through an

Customer Question

My brother and sisters just recently went through an attorney in North Carolina in regards ***** ***** father's estate. We went through the whole process of informing creditors of his death so that they could be paid in the event he had outstanding bills that hadn't been paid. So around mid-June the estate was closed and monies were distributed to his four children. We recently attempted to sell his home and learned that there are 2 judgement liens against his property, which we had no idea that there were any. The attorney admitted he should have checked to see if there any outstanding judgments, but he did not. Now the attorney is telling us to send back any monies he distributed to us. However, most of that money has been spent. My question is who should be responsible for this. Does it fall on the attorney alone, does it fall on the beneficiaries alone, or does it fall on both parties? Also, given the fact that we went through the bar date, does the claimant have a legitimate case?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 4 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Who was the Executor of the Estate?

Customer: replied 4 months ago.
My Brother, Efland Amerson
Expert:  Alex Esquire replied 4 months ago.

Thank you for your follow up.

Generally, the Executor can be held personally liable for any unpaid judgment which were not paid out of the estate before estate funds were distributed to the heirs and then the Executor might have a claim for legal malpractice against the estate attorney, if the attorney failed to properly provide legal representation / counsel during the probate case.

I wish you the best of luck!

Expert:  Alex Esquire replied 4 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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