QUESTION

How do I get a court order to release funds from an estate to satisfy a judgment against the beneficiary in Georgia?

Asked on Oct 19th, 2012 on Debtor and Creditor - Georgia
More details to this question:
I have a judgment against my ex in NJ for unpaid support. We both live in NJ. His parents left him an inheritance in GA. It is being held in trust right now. I filed for and received a foreign judgment against him in GA for the support. How do I get a court order in GA to get the judgment satisfied out of the inheritance?
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1 ANSWER

Antonio B. Mari
Typically, when money is put away in a trust, the drafting attorney will include language that protects it from creditor's like yourself. When I draft trusts or wills, this language is always included. This is commonly refereed to as a "spendthrift trust". This is one of the many reasons that trusts are relatively popular. There are various ways to attack the trust, but you need a copy of the trust document. To find out if the language is included, you will have to file a suit against him and force him to provide the trust document. Once you have analyzed the trust document you can then decide if you can move forward with your claim.  These things need done with an attorney. I would talk to a New Jersey attorney as that's where you both live. 
Answered on Oct 22nd, 2012 at 9:33 AM

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