Practice question
A judgment for recovery of a specifically identified machine is enforceable against the proper estate representative after the obligor’s death. Counsel instead seeks an unlimited levy on an heir’s separate assets solely because of heirship. No independent personal liability exists. Which is correct?
- Every heir automatically becomes an unlimited guarantor.
- The permitted property-judgment enforcement does not itself create unlimited personal liability of the heir.
- Section 7(b) transfers all unrelated assets to the creditor.
- The specific property description has no legal relevance.
- Heirship necessarily proves a new personal debt of every amount.
Legal references
- Rules of Court, Rule 39 Sections 1-4 and 7, execution categories and death of a party: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Rules of Court, Rule 86 Section 5, money judgments against the decedent and claims procedure: https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html
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