If an individual lienholder dies without a Will, does the lien survive?

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If an individual lienholder dies without a Will, does the lien survive?

Asked on October 9, 2011 under Bankruptcy Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If someone who holds a lien against some third person passes away without a Will, the lien which most likely results from a judgment is an asset of the deceased's estate. When such a situation arises where a person passes away without a Will, a relative or some interested person can file a peitition in the probate court to administer the estate of the person who passed.

In such a situation, the court under the given state's intestacy laws will distribute the assets of the person who passed to his or her heirs under stated lines of familial relationships. The issue about the lien surviving depends if the lien results from a judgment. You need to be aware that in most states in this country a judgment is good only for ten (10) years and before the expiration of ten (10) years, it must be renewed.

I recommend that you consult with a Wills and Trusts attorney for further answers to your question.

Good luck.


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