Legal Question in Credit and Debt Law in Virginia
Judgements
My father was executor of an estate. he failed to keep receipts while caring for this person. The court found that $62,000 was not accounted for. This was to be devided among 12 heirs. A few of the heirs passed away and their share went to their children. All but $1,271.00 has been released because they knew my father used the money on her over the many years he cared for her. There is only one heir that refuses to sign the release. The court attached a judgement on my father's house and he wants to clear this up. What does he need to do in order for this judgement to be released? We will send him a check if that will suffice. The lawyer that opposed his accounting in the first place has passed away also. Also, does this have to go before the Judge to be fully released?
We need this taken care of as soon as possible so he can get a loan.
Thank you
Linda
1 Answer from Attorneys
Re: Judgements
Pay the remaining amount on the judgment to the one remaining holdout heir, if in fact this amount is included in the judgment and request at the same time that this person sign whatever papers are necessary to get the lien on your father's house released.
Then take the release to the land records office in the local courthouse to be recorded.
If after paying the last heir off, this person still refuses to execute a release, take your cancelled check to the office of the probate clerk
and request a hearing on the matter.