If I was awarded a no-show default judgment but the defendant died, can it still be enforced against the estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was awarded a no-show default judgment but the defendant died, can it still be enforced against the estate?

The judgment is still good as it was renewed. The defendant left the state. I recently learned that he may have passed away last year. It appears that he was married at the time of the judgment and at the time of his passing. Basic search has produced no probate records. I want to know whether I can enforce the judgment against his estate – spouse, beneficiaries, etc. and whether it is not too late to proceed with the action? In addition, what is the best way to determine whether there are non-exempt assets to collect upon?

Asked on October 29, 2014 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Please seek consultation in your area on this matter.  There are many issues that you need to discuss in person and hurdles you need to overcome.  First, if everything was held jointly with his spouse then he had no estate per se when he passed away.  Everything went to his wife.  Also, if there were assets to go against, there are time limitations for creditors to make a claim on estate assets. And the default gives rise to questions like notice and vacating same. Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption