Legal Question in Wills and Trusts in Kentucky

Inheritance stolen

My Dad sued his sister over their inheritance...she took all of it without following the will and dividing it equally...He has won all of the courts (jury all 12 voted for him) all the way up to the Supreme Court..she is suppose to pay what she agreed...now her Lawyer has dropped his practise to become Ky Worker's Comp Judge...our Lawyer doesn't know how to make her pay now....he said if we sue again it will take another 2 years ..but if my Dad has already proved and everyone has agreed with him..how can she not pay..it's like they are afraid of her...there has to be something that can be done...can't she go to jail for not paying what the court's in Ky say for her to do...she has lost everytime and still nothing...we are very frustrated over this...how can the system work for her??? please give us some guidance ..we are just floored that no Lawyer or Judge can make her pay the money she owes!!..Thank you, Carol


Asked on 7/24/08, 4:20 pm

2 Answers from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Inheritance stolen

I infer from the history that a Kentucky court entered a judgment following a jury trial and that the judgment order was appealed to the Supreme Court and affirmed. Kentucky procedure would apply and I assume that there is no further stay of execution. The judgment creditor is then permitted to exercise collection remedies. You need a lawyer in the state where the judgment debtor has assets to recover. In West Virginia, the judgment creditor can attach a bank account, has a lien on real estate in the county of the judgment, can attach wages and most other payments and debts owed to the judgment debtor, can impose a lien on real estate in other counties, can export the judgment to other states and use the remedies in those states to collect. A lien on real estate can be enforced with sale. I would expect that the judgment order contains sufficient language to insure that the debt cannot be discharged in bankruptcy.

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Answered on 7/24/08, 4:38 pm
Gregory Napier Troutman & Napier, PLLC

Re: Inheritance stolen

I agree with Mr. Zimmerman from West Virginia. You need an attorney in the state where the sister (now a judgment creditor) has assets or employment to pursue collection.

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Answered on 7/24/08, 4:52 pm


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