Am I responsible for my brother’s judgement lienregarding the proceeds of the sale of our deceased parents’ home?

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Am I responsible for my brother’s judgement lienregarding the proceeds of the sale of our deceased parents’ home?

The collection agency is trying to secure full payment even though the amount owed is greater than my brothers part of the proceeds of the sale. Why do I have to pay his debt?

Asked on August 5, 2011 Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you are responsible for paying the judgment lien that your brother is obligated upon depends whether you are the executor/executrix of your parents' estates or the trustee under their trust.

You personally are not responsible for paying the judment of your brother with your own assets. However, you could be if you do not honor any valid levy served upon you as a representative of your parents' estate for payment of monies owed under the judgment by your brother.

The collection company, assuming it has a valid levy  as to the judgment against you brother can only levy upon proceeds due your brother, not you from the sale of your deceased parents' home.

Before you release any money to your brother of the collection agency, consult with a business or collections attorney to protect your interests and perhaps your brother's.

Good luck.


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