Legal Question in Wills and Trusts in Pennsylvania

Are the judgements only against him? Is the home only in his name? this may present an issue. If the home is in joint names then the judgement in all likelihood did not attach to the home. To be sure i would speak with an attorney or if you have an attorney who is involved with the estate ask him or her. If you would like to consult with me regarding the issue and review the facts call my office to schedule an appointment.

If the house is now in your name only that's a good question, It would depend on the judgments. For example if a judgement is over 5 years old then it's expired. Someone should be doing a title search. If a bank is involved they will require one to be done before they give the buyer a mortgage, Do you have a lawyer handling the sale? They would be the one to ask.

{John}

I would agree with the other attorneys but want to add that you need to see a probate attorney. You need to (a) know how the house was owned and (b) you need to make a search at the courthouse to see when the judgments were entered and for how much.

The judgments would be claims against the husband's probate estate. Whether they would need resolved out of probate assets depends on what is in the probate estate.

Real estate, if it was jointly owned by you and your husband as tenants by the entireties, prior to the entry of judgment is exempt from execution on judgments. if your husband died the land automatically would pass to you as survivor upon your husband's death and would not be part of the probate estate.

If the land was not jointly owned with you but was held solely by your husband, then it may be part of the probate estate. In such case, you would still need to see when the judgment was entered and see if it has been revived. Even if not enforceable against the real property the judgment is enforceable against the estate. Any equity from the sale of the home would be part of the probate estate and could then be used to compromise/resolve any claims.

Again, you need to get a copy of the deed, the court judgment and have a probate attorney assist you. At the very least, get a copy of these documents and consult with a probate attorney who practices in the county in which you live to ensure that things are handled correctly.