state where there are insufficient assets to pay all of the parties in question judgments of awards that have been entered by two different courts in this case the probate court had determine prior to the judgment given to the  you can in the absence of the leave of the court with control over the real estate you know one of the things that's different is the ga l's leave to file his lien was authorized by the probate court a probate court can you know authorize the creation of a security interest which is what it did also by the way in the meantime intervene in the probate proceeding the probate division knew what was going on and then the bank's judgment it is motion for turnover was presented to the doesn't create a specific exception of the kosovo procedure which doesn't rest means against representatives of the states in fact more specific with respect to the   you can enforce you can have an effect judgement against property held by representatives so that it makes it in there is no suggestion in those other cases the guardian cited there was something similar in  reason putting aside whether you have a secured credit or like us going may not be sufficient funds in the state to pay for that and so does that's always a problem secondly in this case there are things that the guardian concerned about they waited so long and then they didn't see dispersement until two thousand and eleven so they saw this person who earlier before we've had some protection the the other thing is that the claims procedure in article eighteen of the program that provides a process so for example if it provides that if the representative of the state has a has a claim on the estate which the case here record he can ask for a special administrator to be appointed to address those claims i could imagine a situation here where the guardians could have said look we're aware that bank has judgment because the bank a summary judgment in july two thousand and ten we've got these fees sitting out there we know that the bank has this judgment we need to deal with this they could have asked the probate court to appoint a special administrator they were parties to chance record proceeding if they said hey could could use stay the injury judgment on this so that you can work out this particular issue there are things that they could have done in and they didn't do them and soon you want in a situation like you have unfortunately many situations where you have parties who are within the competing mortgage holders  in control over those types of the asset it does award goes it makes distributions from those types of assets so it is not subject to it's not following in its determination that that limitation about  exempt assets the second point i'd like to make his chest you know the prime minister i'm alone made about a failure to disperse funds in this case you know there were petitions to sell  the assets of the estate that was in part one of the principal reasons for the guardianship the state being created is because the world was unable to hear her affairs and get things done in order and so immediately there was a petition to sell the real estate to list it was approved by the you know a judgment and award that from the assets of the estate assets of the estate and in my mind that is means that that property but for the physical transfer belongs to that party and that interest that go into the sta  so that happened you know from from that first day that the around the court said was the guardianship state