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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54026
Experience:  29 years of experience practicing law, including tax and estate planning.
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Can a creditor garnish or levy funds from my brothers deceased

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Can a creditor garnish or levy funds from my brother's deceased father's estate? This would be a creditor who is after my brother, and he is the administrator of our father's estate. As long as he keeps the funds in an estate account, can a creditor claim them?

Also, can unclaimed funds from a deceased parents' estate be forcibly turned over to pay his debt? Can the state that is holding those funds transfer these to the creditor? What about student loan debt within that same state? In other words, since the Higher Education Debt Department and the Unclaimed Funds Office are closely tied, would they work in cooperation and take my brother's unclaimed funds, even though they are actually in the name of our deceased father?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good morning. Your father's estate is not liable for your brother's debts. Thus, a creditor of your brother has no legal rights to attach any funds in the estate accounts of your father. A creditor could get a judgment against your brother and then place a lien on his right to any funds, but they could not directly attach the estate accounts. But, if the estate was administered and inheritance of your brother was simply left in an estate account to avoid payment to a creditor of your brother, the creditor could file a petition with the court demanding that the money be released to your brother.



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Customer: replied 3 years ago.

Thank you. But concerning this part of my question:


<<Can the state that is holding those funds transfer these to the creditor? What about student loan debt within that same state? In other words, since the Higher Education Debt Department and the Unclaimed Funds Office are closely tied, would they work in cooperation and take my brother's unclaimed funds, even though they are actually in the name of our deceased father?>>


 


Could the Unclaimed Funds Office arrange with the Higher Education Debt Office to BLOCK the release of the unclaimed funds to my brother?

You're welcome and thanks for following up. They would not since these funds belong to the estate and not your brother. Your brother may have some entitlement to some of these funds eventually, but the state cannot short-circuit this.
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