outstanding debt

[hartford]

My mother's house was sold to settle her outstanding debts. Should a judgement against one of the beneficiaries be taken off the amount of the sale or out of the share of the estate? Virginia.

 

[ALawyer]

Let's make sure I understand this.

Your mother (or her estate) and X were sued and lost. X was a beneficiary of her estate. The judgement has now been paid in full as mother's house was sold to pay it off.

Now X wants his share of the estate as if he had no part in the suit or debt that Mom owed.

It can vary amoing states but if X was the person primarily liable, and Mom had a claim against him for indemnification, then his share would be offset by what he owes Mom or her estate in most jurisdictions, although the process varies.