Legal Question in Wills and Trusts in Pennsylvania

I am the Executrix of my uncle's estate. I have signed a Deed in Lieu of Foreclosure with the bank. I am receiving Orders from the Court as the Defendant with a parenthetical under my name "As the Executrix of ___ Estate".

Dumb question, but this Judgment will not be recorded in MY name will it? I'm thinking not since I did not incur this debt in my name. I do not want this to hurt my personal credit.


Asked on 3/22/11, 11:52 am

1 Answer from Attorneys

No, this debt is not in your personal name. An estate for a deceased person is akin to a corporation in that these entities are things, not people (regardless of what the US Supreme Court said about corporations back in 1886). An estate can be sued, but the executrix is the one who acts on behalf of the estate.

I would need to see the papers, but these should be "Name of Lender" v. Estate of Decedent. You might also be named as Executrix of the Estate of Decedent.

If you have to sign documents, that should have a line for you to sign in your official capacity as the Executrix of the Estate of Decedent.

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Answered on 3/22/11, 1:03 pm


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