Legal Question in Credit and Debt Law in Virginia
I have obtained a default judgment in Virginia for non-payment of rent. The judgment debtor's grandmother died in new jersey and, in her will, the grandmother instructed that her Executor pay a sizeable sum of money (much more than what is owed to me) to the judgment debtor, when the judgment debtor turns 25 years of age. Can I attach the trust and collect what is owed to me?
1 Answer from Attorneys
No, the assets of this testamentary trust that you've described belong
at this time to the decedent's estate and should not now be subject to attachment by you merely because these assets may be distributed to your judgment debtor at some future time which may (or may not) actually come to pass (my opinion).
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