What happensif ex-husband owes me moneybut passes away before he pays me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happensif ex-husband owes me moneybut passes away before he pays me?

My ex-husband owes me a lot of money and has failed to comply with most of the court orders. Will be going back to court again. This has resulted in my credit score dropping significantly. His health is poor. If he dies before he pays me what he owes me, how is his estate handled? If he leaves all his property to his friend what happens to what he owes me? Do I get paid before the property gets transfered to his friend? Or does everything go directly to his friend?

Asked on October 12, 2010 under Estate Planning, New Jersey

Answers:

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

Answered 10 years ago | Contributor

Make sure that when you go back to court that the judge issues you a judgement for the amount that is owed.  Once the judgement is issued make sure that it is reduced to whatever is needed to execute on it and you can begin to file it against property and collect as any other judgement creditor: garnishment, levy - whatever.  A lien filed against real property is also a good idea. This also means that you can collect against the estate as well.  The personal representative of the estate (the executor) has an obligation to pay off the debts of the estate before he or she distributes the assets to the beneficiary.     Good luck.


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