Legal Question in Wills and Trusts in New Jersey
When a creditor files a suit against an estate in NJ, does that simply place them in line for estate asset distribution when the estate is settled? If there are no liquid assets, only real estate, what does the serving of papers to the executrix mean?
Asked on 3/25/10, 2:53 am
1 Answer from Attorneys
Robert Davies
The Davies Law Firm, P.A.
The creditor is asking the Court to enter a judgment for money allegedly owed, and the creditor will be able to execute, seize and sell assets belonging to the Estate.
The executrix has the legal duty to protect and defend the Estate's assets. The executrix is liable for any harm caused by failing to do this.
You need a lawyer. Call me, and I will see what I can do. I do estate litigation quite a bit.
Answered on 3/30/10, 12:08 pm