Can a judgement stop the sale of a home in a estate saleif one of the beneficiaries has the judgement intheir name?

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Can a judgement stop the sale of a home in a estate saleif one of the beneficiaries has the judgement intheir name?

Asked on March 7, 2011 under Estate Planning, Delaware

Answers:

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

Answered 13 years ago | Contributor

I am so sorry for your loss.  I believe that the way that you have phrased the questions the executor or personal representative of the estate is now liquidating assets that belong to the decedent in order to pay debts of the estate and to distribute the funds to the beneficiaries, correct?  In other words, the house is still in the name of the decedent, correct?  Then if it is still in the decedent's name the judgement against the beneficiary should not be an issue as it would not have been filed against the property in question.  If I mis understood the question please write back.  Good luck to you.


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