in virginia is my stepfather liable for a judgement on property his deceased wife had

Get Legal Help Today

 Secured with SHA-256 Encryption

in virginia is my stepfather liable for a judgement on property his deceased wife had

my mom and 2 other people had a lot at a campground now all 3 are deceased a judgement has been placed on mmy mom can they hold it against my sepfather

Asked on May 9, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A spouse is not automatically responsible or liable for all debts of a deceased spouse--he is only responsible for debts he co-signed or guaranteed or for certain expenses for "necessary" expenses like non-elective medical care (because the law requires spouses to help take basic care of each other). This is not a necessary debt or expense, so as long as your stepfather is not on the debt, did not guaranty it, etc. he would not be liable.
However, your mother's estate--the property or assets she left behind--may be liable. So, for example, someone owed money in regards to the campground could try to recover money from, for example, a bank account of hers. Or if there is a lien on the property, it cannot be sold without paying the lien (e.g. at closing), which will reduce the proceeds from the property. This could potentially reduce the money your stepfather will inherit from your mother, but that's the most it could do: he will not have to pay out of pocket, and will not have a judgment against him.
Don't listen to the lawyer's threats: if he thinks he has a valid case against your mother's estate, let him file it, then you (or whoever is the estate's executor or personal representative, on behalf of the estate) can respond to it IF it occurs. Neither you nor your stepfather should pay anything out of pocket.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption