If I have a judgement against someone who just died, is there anyway to find out if I can collect from his estate?

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If I have a judgement against someone who just died, is there anyway to find out if I can collect from his estate?

They died in a car accident.

Asked on February 15, 2011 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for you and for them.  Yes, you can file a claim against the estate.  I am going to assume that because they died in a car accident the family may pursue an action for wrongful death.  If that is the case someone will have to be appointed as the Personal Representative of the estate to be able to sue on behalf of the estate.  Estates are generally filed in the county in which the decedent resided at the time of his or her death.  Estates are public record and you will be able to see who is appointed, who is the attorney for the estate and for the potential law suit. You have to make sure that the judgement is recorded in some way.  Get some legal help and advice.  Good luck.


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