QUESTION
Can land be taken to cover a deceased parents medical bills when both dwellings are being occupied?
Asked on Jul 18th, 2013 on Bankruptcy - North Carolina
3 ANSWERS
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
Generally, judgments are enforceable against land owned by the judgment debtor. There is a $15,000 (individual) / $30,000 (couple) homestead exemption applicable if you have an ownership interest in and reside in a home. A judgment creditor must pay proceeds equal to the exemption. Any mortgages would also have to be paid off.
Answered on Jul 19th, 2013 at 10:29 AM
Corporate & Incorporation Attorney serving Huntersville, NC
at
Elliott Law Firm, P.C.
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Short answer is yes. However, the creditor would have to petition the Clerk of Court to allow the property to be sold.
Answered on Jul 19th, 2013 at 10:29 AM
Dennis P. Mikko
When a person dies, property they own, both real and personal, becomes the property of their estate. The estate would have to publish for creditors and before their was a distribution to heirs, creditors would have to be paid. If the property was jointly owned with full rights of survivorship, the property passes to the survivor and is not subject to the debts of the deceased person.
Answered on Jul 19th, 2013 at 10:29 AM