What can a creditor do when the defendant in a pending action, filed by the creditor, passes away? What does a creditor do when he or she finds out that someone has inherited money that the deceased debtor owed to the creditor? What happens when the decedent impoverished himself before death leaving the creditor with no estate to collect against?
Although remedies are available to creditors in Surrogate’s Court, the brave creditors who venture forth often face costly and practical obstacles (i.e., proving a debtor’s genealogy) and ineffective enforcement mechanisms (i.e., motions to compel accountings).
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