Legal Question in Civil Litigation in Pennsylvania
Promissary note satisfaction process
3 grandaughters are beneficiaries of a promissary note in the amout of $100,000. Gram passed in 2002 and her 3 sons refuse to satisfy the note. We can't seem to file a lien on their property through the prothonatary's office because note states ''This agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.''.....But....Note does ''NOT'' specifically state heirs actual names. How do we go about placing a lien against their individual properties for our interest? And once the liens are in place , how do we attempt to collect on them? 3 sons won't even tell us if there was a will.
We will be happy to do the legwork, but have no idea where to start. Thanking you in advance for your help with this matter. Looking forward to hearing from you.
Respectfully,
--name removed--E.--name removed--
2 Answers from Attorneys
Re: Promissary note satisfaction process
You definitely need to retain a lawyer. As descrived in post, this is a complicated issue and may well require litigation in the Orphan's Court in the county where your grandmother died. Only a lawyer experienced in estate matters can help you here.
Re: Promissary note satisfaction process
you need to file suit against the estate and enter a judgment which shall then be a lien against the estate. You need to do this asap. Once suit is filed it will come up on a search and no title to real esate will pass. Let me know if you need help
Scott E. Diamond
LL.M. Trial Advocay
800-310-4800
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