Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My brother recently passed without a will and left a car. I’m scheduled in Probate Court the 27 of this month, to switch the title to my name. I recently found out he has a judgement lein from 2005, reinstated in 2010. I’ve heard that there could be a possibility the car will be taken and sold. What are the odds of this happening? Are there any other options?”
The probate process has a number of functions. Transferring the deceased person’s property to the correct heirs is one of them, but another is payment of creditors.
The “correct” legal result in your situation will depend on a number of factors, including how much the judgment is for, whether it has priority against this particular asset (the car), whether proper notice was given to the creditor, and whether that creditor made a claim in probate within the appropirate amount of time after being given notice.
On a more practical level, you need to consider how much the car is worth, and whether it makes sense to spend a lot of money to try to keep it from this creditor. Depending on the relative value of the car and of the debt, you might be able to work out a deal with the creditor even if they have the right to the asset.
So the answer is “it depends.” If the creditor has followed all the proper procedures and hasn’t missed any deadlines, they probably have the right to be paid before any distribution to heirs. Whether that is the case will depend on the particular facts in your situation.
