We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my mother's estate has been found to owe my family $200,000 due to misappropriation of funds. The judge issued the order. We had a lien on one of the properties she owes to secure payment. We have now been told one of the executor's previous debtors also had a lien on the property which takes precedence over ours. A sheriif's sale has been scheduled on that property. Our lawyer has withdrawn and told us we have no hope of collecting on the judgement now.
Is there a way we can collect any of the money from the sale if it exceeds the lien of the other lienholder.
Collecting judgment
I understand your desire to get a second opinion on this matter. $200,000 is a lot of money, and you should ask a second attorney. But we know nothing of the underlying facts and the financial situation of the judgment debtor. Accordingly, your question is very difficult to answer. For example, if there is a declaration of homestead in place on the property, then a certain amount of equity may be protected. I tend to put some faith in the opinion of your attorney, because he or she does know all the facts.