Legal Question in Landlord & Tenant Law in California
executor of estate question-California
We have won a lawsuit against an estate (to get our security deposit back from a rental property after our landlord died). The executor says there are no funds left to pay us what they owe us. The properties that the landlord owned are all in foreclosure.
Can we go after the executor himself and his assets? We know he owns an $800,000 home and runs two businesses.
2 Answers from Attorneys
Re: executor of estate question-California
Unless the executor is responsible for wasting, or misusing the funds, there is no individual liability here.
Unless you feel there has been wrongdoing by the executor, you can't go after him and collect.
If you feel there might be a chance that the estate will have some funds in the future, it would probably be worth filing a Small Claims lawsuit. Assuming you win, you will be issued a judgment against the estate, which can be renewed after 10 years. If money comes into the estate, you will be able to use the judgment to collect.
Re: executor of estate question-California
My apologies. I was interrupted by a client while answering your question, and ignored the fact that you had already sued the estate, and won.
The rest of the answer is the same. You'll have to retain a collection agency,or a lawyer who specializes in collection matters, or learn how to keep after the executor (in case some assets show).
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