Dad's 2nd wife owes estate

[OkTexan]

Texas
My dad passed away a few years ago in Texas. My sister & I are the executors and the will has been probated. A judgement by the probate judge was made against his wife (2nd) in which she owes the estate in excess of $50,000 of which she has not paid. Can we sue her for payment?

 

[Zigner]

Texas
My dad passed away a few years ago in Texas. My sister & I are the executors and the will has been probated. A judgement by the probate judge was made against his wife (2nd) in which she owes the estate in excess of $50,000 of which she has not paid. Can we sue her for payment?

There's no need to sue - you (the estate) already have a judgment. Does she have the means to pay?

 

[OkTexan]

We are pretty sure she has a job, so theoretically she could make payments. How can we compel her to start making payments?

 

[PayrollHRGuy]

Unfortunately, you don't have the option of garnishing her wages in Texas. Here is a link to Travis County's page on the collection of judgments. I may not be your county but the law is the same statewide.

https://www.traviscountytx.gov/justices-of-peace/jp1/collecting-judgment
But here is a list of what you can't get. I don't think you are going to like the last sentence that follows the list.

you must rule out all the debtor's exempt property, as follows:

1. The homestead is exempt. This means a house and up to one acre of land in an urban area, or a house and up to two hundred acres of land in a rural area.
2. Current wages for personal services, certain unpaid commissions for personal services, and certain health aids are exempt.
3. Personal property that is eligible and that has an aggregate fair market value of not more than $60,000.00 is exempt if the debtor is married or otherwise part of a family and $30,000.00 if the debtor is a single adult not a member of a family. The following items of personal property are eligible for exemption within above monetary limits:
   1. Home furnishings, including family heirlooms;
   2. Provisions for consumption;
   3. Farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; clothing; jewelry (not to exceed 25% of the aggregate); two firearms; athletic and sporting equipment;
   4. A two, three, or four-wheeled motor vehicle for each family member who holds a drivers license;
   5. Certain farm animals and forage on hand reasonably necessary for their consumption;
   6. Household pets;
   7. Cash surrender value of certain life insurance policies.

If a judgment debtor has no non-exempt property, you cannot execute on your judgment.

 

[Zigner]

Well, let's take a moment here to find out what's really going on. Did the probate judge issue a judgment, or did he order her to pay? If he ordered her to pay, then you are not actually collecting a judgment and are, instead, going to need to pursue a contempt motion through the probate court.

 

[OkTexan]

I will have to look at the transcript to make sure (I don't have it with me). I believe she was ordered to pay. IF that is the case, what would be our course of action?

 

[Zigner]

I will have to look at the transcript to make sure (I don't have it with me). I believe she was ordered to pay. IF that is the case, what would be our course of action?

You would seek a contempt action through the court that issued the order. You may wish to consider consulting with an attorney.

 

[OkTexan]

Thank you!