Legal Question in Wills and Trusts in North Carolina
Can a sheriffs department in NC levy proceeds from an estate distribution after a judge has ordered that the funds be distributed? There wasn't any papers or anything sent about their plans to levy.
1 Answer from Attorneys
There needs to be a whole lot more information here before anyone can answer. How would a sheriff know that estate funds are to be distributed to a beneficiary? Did the creditor provide that information? If the asset was not exempted and if still in the hands of a personal representative and if the sheriff knows that certain funds are to be distributed to the beneficiary, then yes. A garnishment summons should be directed to the garnishee and the garnishee has to answer. If the garnishee is in possession of property which belongs to the judgment debtor, then the property gets turned over to the judgment creditor.
I suggest that if you are a judgment debtor that you consult with an attorney regarding the judgment and see how best to protect these assets if possible.