Request Possible?

I do not believe that you can file against someone’s estate until after their death. Prior to that you would be filing against the person. If you had a signed agreement that this debt would be paid off by him then you could use this. When was the agreement signed? When was the debt to be paid off by? I’m not sure what is meant by “re-write”…

The only option that you have at this point is to take him to court for failure to comply with the agreement or breach of contract. I also suggest contacting the creditor and let them know of this arrangement. You may have to send them a copy of the divorce and agreement, but since this is marital debt held jointly, the creditor would still show both of you as responsible and it will still show up on your credit. Legally, you may not be responsible for the debt if you have an agreement, but the creditor does not know that.

No, you cannot sue his estate unless he is actually dead. However, you can sue him now and get a judgment against him. If the judgment is not satisfied prior to his death you can seek to execute the judgment against his estate.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Is it possible to file in a court, prior to or now, a claim against an estate?

The reason for my asking is that, my ex-husband was supposed to pay-off or re-write a credit card debt which we are joint on. He has failed to do it, because he is not working and is disabled. I am wondering to protect my interest if I could file against his estate now, so that when the time comes I am assured some sort of resolution. Otherwise, I am forced to take responsibility of the joint debt upon his death.


Thank you