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

UPDATED: Aug 5, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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 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.

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