Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

There is a judgement against my parents who have both passed…

Customer Question
There is a judgement...

There is a judgement against my parents who have both passed away. How do I go about filing a probate with a judgement against the house?

Lawyer's Assistant: Have any legal documents been drafted or filed?

No.

Lawyer's Assistant: Estate planning laws vary by state. What state are you in?

My mother's will was drafted and filed. Sorry. I am not sure if my dad's will was filed. I am in Texas.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He passed away before she did. August 1st dad and November 3rd, mom

Submitted: 6 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
7/31/2017
Lawyer: Dwayne B., Attorney replied 6 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,387
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 6 months ago

There is no difference between filing for probate with the judgment existing against assets of the estate or with no judgment existing. The judgment creditor simply has to be notified or served with a copy of the probate papers and the "Notice to Creditors". I would strongly recommend you consider hiring an attorney to handle this matter for you because probates in Texas are extremely complex, you can be personally liable to creditors or the heirs if you make any mistakes, and the laws are antiquated and often make no sense.

As you may know, creditors in Texas are assigned a priority level and this judgment creditor will likely be assigned a Level 1. You wouldn't be able to sell the house or pass any assets to any heirs until a judgment creditor is paid. Although often they will accept something less than the full payment.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Legal Question
Was this answer helpful?
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,387
34,387 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In a separate matter, I was offered a settlement with a
In a separate matter, I was offered a settlement with a judgment creditor. They will send me a letter that states, "paid for less than account balance," and state that my new balance is zero. This cre… read more
Lori
Lori
Juris Doctor
620 satisfied customers
I have a tenant who owes me $7,900 who has moved out of
I have a tenant who owes me $7,900 who has moved out of state can they be served at their place of work … read more
Damien Bosco
Damien Bosco
3,660 satisfied customers
I recorded the judgment that I received in small claims
I recorded the judgment that I received in small claims court. How do I go about requesting the hearing? Or am I just out of luck. The defendant has not responded at all.… read more
LegalGems
LegalGems
Juris Doctorate
11,031 satisfied customers
I received a notice of levy under writ of execution ( money
I received a notice of levy under writ of execution ( money judgement). I know what it is for but I don't understand what they can do. … read more
LegalGems
LegalGems
Juris Doctorate
11,031 satisfied customers
Does Estate Planning (driven by Uniform Codes and federal
Does Estate Planning (driven by Uniform Codes and federal law rather than state specific statutory law) require an attorney licensed in the state of the Grantor's residence if they are licensed in ano… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
I have won a Judgement against my fathers former trustee for
I have won a Judgement against my fathers former trustee for stealing over $300K, I was only awarded a little over $100k. The judgement is from Calif., and the defendant has moved to NC, would this be… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
What is protected under a civil lawsuit, social security or
what is protected under a civil lawsuit, social security or whatever … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I extended more than one day but 3 days. The police won't do
Thanks. I extended more than one day but 3 days. The police won't do anything unless I say I want them arrested for trespassing on my property. They tore the NO Tresspassing sign off, but not before I… read more
Bill Attorney
Bill Attorney
law
1,737 satisfied customers
We are addressing options for our estate planning and
we are addressing options for our estate planning and thinking of transferring titles of our two properties (which one would be my primary residence) to me, and giving him living rights in the other; … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,814 satisfied customers
I'm about to attend an estate planning meeting with my
I'm about to attend an estate planning meeting with my families attorney to divide my deceased father's assets among my sister, brother and myself. I was the sole caretaker of my father during his ill… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,814 satisfied customers
Can the state of nj enforce a judgement against my florida
can the state of nj enforce a judgement against my florida property when I die … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,335 satisfied customers
Estate planning legal questions. Pennsylvania. In NC. He has
Question concerns the proceeds from sale of house with his and her children… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,460 satisfied customers
I have a judgment in my name. Can the judgment creditor take
I have a judgment in my name. Can the judgment creditor take my husband's car? I live in Florida. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a judgment creditor. Can I call up the judgment debtor
I am a judgment creditor. Can I call up the judgment debtor directly without going through a lawyer and offer to settle? There is a lawyer handling the case but he hasn't been effective and the debtor… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
I am a sole practitioner estate planning and probate
I am a sole practitioner estate planning and probate attorney. I have been in practice for 32 years. I have an inventory of approximately 1,000 cases … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I am the judgment creditor in an action in NY - the judgment
Hello Pearl - I am the judgment creditor in an action in NY - the judgment debtor lives with his parents but he has refused to answer an info subp... seems I can server an info subp on a third person … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Tina. My husband and I are just doing our estate planning
Good morning Tina. My husband and I are just doing our estate planning and not sure if we should do a Will or Trust. We only have one property and no children. We both have siblings. Is it true that i… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
My parents were convinced by an estate-planning attorney to
My parents were convinced by an estate-planning attorney to place their home in a QPRT which would eventually mean they'd be renting it from their children. They did so, and the time came for rent to … read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
398 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x