Default Judgment was issued against NY defendant by Washington State Court in 2004. NY Defendant died in late 2010, and his jointly held assets (bank account, real property, etc.) passed to his wife and/or children outside of probate.
1. Can I still pursue a writ of garnishment against the joint bank accounts even if the defendant's name has been removed, or is it too late to do that now that the defendant has died? If it's too late, can I domesticate the judgment in NY and then go after the distributees of the joint accounts?
2. With regard to real property now held by the wife, can I domesticate the judgment against the deceased defendant in NY and go after that property or do I need to file a new action against the wife as a distributee?
Thanks for any help!
Your remedy is to file a claim in the probate estate. If the deceased had no estate, it becomes very difficult. You would have to sue the recipient of assets and allege a fraudulent transfer on the part of the decedent. Not easy to prove without some clear evidence.
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