10 Feb I won a judgment. How can I collect it?

Q. I have docketed judgment claim on a property owner in Woodbury. Her sole beneficiary refused to probate or transfer title as there are liens on the house. She hasn’t informed the bank or tax collections that her mom died in California last May. Every month more is owed on the property, reducing the value and my ability to collect on claim. What can I do?
— Frustrated

A. We’re sorry to hear about this headache.

But you do have options.

First, it’s necessary for a personal representative of the estate to be appointed, said Richard I. Miller, co-chair of the elder law department at Mandelbaum Barrett in Roseland.

Absent a personal representative, there is no one to formally notice or enforce the claim against if the judgment is pursued, he said.

If you know there is a will not being probated, an action can be filed in the superior court to compel the production of a will, Miller said.

He said N.J.S.A. 3B:3-29 enables the court to compel discovery as to the existence of any will that has not been offered for probate, and require the papers be lodged with the surrogate for probate.

“Once the will is probated, an action can be commenced against the estate to compel the sale of the house and collect the judgment,” Miller said. “There are, however, other options that provide the creditor more control and ensure claims are paid in a timely fashion.”

If there is no will, a creditor can request to be appointed as administrator under certain circumstances, Miller said.

Pursuant to N.J.S.A. 3B:10-2, if an heir of an intestate estate — an estate where there is no will — does not claim administration within 40 days of the decedent’s death, the court may grant letters of administration to any fit person applying therefore, Miller said.

This includes a creditor of the estate. If the creditor is appointed, he or she will have the authority to sell the house and pay claims, he said.

If the decedent was a non-resident of New Jersey — which may be the case for you if the homeowner died in California — the law provides that a creditor can be appointed as personal representative of the estate if an application for administration or probate is not pursued within 60 days of decedent’s death, Miller said. This, too, would enable the creditor to sell the house and pay claims.

“If the creditor is appointed as the personal representative of the estate, he or she would be responsible for administering the entire estate, which includes the settlement of all claims, payment of taxes and distribution of proceeds,” Miller said. “Alternatively, the creditor can ask the court to appoint an independent party as personal representative to administer the estate.”

This will ensure the estate is handled effectively and impartially so all claims are addressed pursuant to their priority under the law, he said.

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This story was originally published on Feb. 10, 2022.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.