King v. King

By Judge William H. Ledbetter, Jr.

The question presented is whether a judgment creditor of a decedent’s estate can enforce the judgment by garnishment of the executor’s fiduciary bank account. For the reasons explained below, the court is of the opinion that garnishment is not an appropriate remedy under the circumstances of this case.

Background

Patricia King sued her former husband’s estate for unpaid spousal support that accrued prior to his death. Following a trial on April 8, 1997, this court entered judgment for her in the principal sum of $33,197.88 plus interest and costs.

Thereafter, a…