Legal Question in Credit and Debt Law in New York
deceased judgment debtor
I have a judgment and the person is now deceased. His name and his son name is still listed on property and title that I want to seize and sell. Do I or who do I process serve since the debtor is dead? Do I have to go bsck to court to change the name on the judgment to his son name? The estate was not probated. The son lives in another state but the property is in NY. Can I get the sheriff to sell the property without anyone being served?
2 Answers from Attorneys
Re: deceased judgment debtor
You may be OUT OF LUCK. Property in the name of two or more persons may be titled so that when one person dies, the property is titled 100% in the other persons name...you don't have a judgment against the son.. and you can't change the name of the judgment debtor simply because the son got the property. You have a lien on the deceased person's assets...and the property MAY NO LONGER BE AN ASSET OF THE DECEASED PERSON! Even if you tried to sell the property when the judgment debtor was alive all you would have gotten is that person's interest in the property...and when that person died, so would their (and your) interest...get it? If the son died first, you'd have an interest in all the property...but it did not turn out that way...YOU HAVE TO DO A LAST OWNER'S SEARCH AND SEE HOW THE DEED IS WORDED. If it is joint owners with right of survivorship...you're plum out of luck. If it's not, the property should go into her estate and you would have a claim against it...check it out and see...good luck
Re: deceased judgment debtor
This is a surprisingly common problem. Judgment debtor is unavailable and there is real property that is available to satisfy the judgment. The first step is to record the lien/file a financing statement/encumber the property. You accomplish this by giving notice on the deed at the county recorder's office. The rest is easily accomplished through a debtor/creditor action.
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