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  1. #1
    Join Date
    Jul 2014
    Posts
    1

    Default Collecting a Judgment Debt Owed by a Deceased Person

    My question involves judgment recovery in the State of: California

    My father-in-law passed away in March 2008. He found out in December 2007 that he had terminal cancer and stayed with one of his six sons until he passed. In just four short months, this son obtained power of attorney and closed out his fathers bank accounts, transferred title of his home and vehicles, maxed out his credit cards, etc. When we got wind of this and tried to contact one of the creditors to stop it, he filed a restraining order against us on behalf of his father. Long story short, the judge denied the restraining orders and awarded us attorneys fees and costs, the judgment being against his father, who passed away within days of the judgment. His father did have a will, but it was never notarized or recorded and the son he was living with has denied there was ever a will, so there was no probate, and since all of his assets were cleared out prior to death, there was nothing to fight for.

    We recently discovered through a cousin that the mineral rights my father-in-law had were never transferred out of his name and there have been two active wells on the property since 2012, even though the lease expired in 2012. The monies have been collected and are sitting in an escrow account.

    The mineral rights are in Utah. The judgment was obtained in California, and the debtor has since passed away. My question is, is there a statute of limitations for collecting on this judgment, and is it even possible to collect on a deceased person? I have been waiting to hear from the landman. I am aware that since he essentially died intestate that the mineral rights would then be divided by the six sons, but we would like to collect on this court order while the mineral rights are still held in his name. Possible? Any insight or advice would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is There a Statute of Limitations for Court Ordered Judgments

    You should have taken action the moment you suspected financial abuse, and the legal heirs could have opened an estate back in 2008 through which they could have tried to recover any misappropriated assets.

    To collect the assets of a deceased person, you will open an estate and make a claim against the estate as a creditor.

    A California money judgment is valid for an initial period of ten years, and can be renewed.

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