How to collect a debt that is owed to an estate?

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How to collect a debt that is owed to an estate?

My sister owes my dad’s estate approximately $19,700. Not long before daddy died he purchased her a house with the agreement she would pay $60,000 in $500 a month payments. However, since daddy died she has not paid anything. I am the executor, her sister. We also have 2 brothers who are both mad at me because she will not pay and that I am not paying them in full until this is settled. Can anyone tell me what my options are? Can I garnish her wages, lien the house, foreclose on her house, what? She refuses to pay and she makes very good money working at the post office. What kind of money would something like this cost? I have already spent too much due to frivalous lawsuit.

Asked on August 25, 2013 under Bankruptcy Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

I am sorry for your loss and for the problems that have resulted.  You need help from an attorney in your area.  Do you have an estate attorney?  Are they helping? Is the agreement between your sister and your Father in writing?  It would be easier to prove and there are issues with proving it that concern me.  Once the agreement is legally acknowledged you can sue her for the money.  Once you obtain a judgement then yes, you can garnish her wages and put a lien on the house.  You are right not to settle the estate until this is sorted out but ask the attorney about a partial distribution to your brothers so quiet them.  Just leave enough money to manage things properly and pay taxes. Good luck.


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