Legal Definitions - quando acciderent

Quando Acciderent

"Quando acciderent" is a legal term that refers to a specific type of court judgment issued against the estate of a deceased person. This judgment specifies that a debt owed by the estate will be paid only when new assets come into the estate after the judgment has been entered.

Essentially, if an estate does not possess sufficient funds or property to cover a particular debt at the time a court rules on it, a "quando acciderent" judgment allows the creditor to be paid from any future assets the estate might acquire. It acknowledges the debt but defers payment until the estate has the means to pay.

• Example 1: Unexpected Inheritance or Legal Settlement

  Imagine a person passes away with outstanding medical bills. Their estate has some assets, but not enough to cover all debts immediately. A hospital, as a creditor, sues the estate's personal representative (executor) and obtains a "quando acciderent" judgment. Months later, a distant relative of the deceased passes away and leaves a significant inheritance to the deceased's estate, or a long-standing personal injury lawsuit the deceased had filed is finally settled in the estate's favor. These newly acquired funds, received after the judgment, would then be used by the personal representative to pay the hospital's outstanding bill, as directed by the "quando acciderent" judgment.

• Example 2: Sale of a Complex Asset

  Consider an estate that includes a valuable but difficult-to-sell asset, such as a minority stake in a private company or a unique piece of real estate in a slow market. A creditor, owed money by the deceased, obtains a "quando acciderent" judgment because the estate currently lacks liquid funds. The personal representative works diligently to sell the complex asset, which finally happens a year later for a substantial sum. The proceeds from this sale, being new assets received by the estate after the "quando acciderent" judgment was issued, would then be allocated to satisfy the creditor's claim.

• Example 3: Recovery of Disputed Funds

  Suppose an estate is involved in a legal dispute to recover a large sum of money that was fraudulently taken from the deceased shortly before their death. While this dispute is ongoing, a creditor obtains a "quando acciderent" judgment against the estate for an unpaid loan. If the estate successfully wins its lawsuit and recovers the stolen funds, these recovered assets, which were not available at the time of the judgment, would then be used to pay off the creditor's loan according to the "quando acciderent" order.