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Member |
We filed a forfeiture based on a drug bust. No answer was filed. The person who we seized the property from was recently killed in an auto accident. I have filed a default judgment. Question: Does deceased estate have an interest in the forfeiture? (I don't think it does, but I'm looking for a sanity check on my reasoning.) | ||
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Member |
I believe the estate's representative has the right to file an answer prior to your default, but is not due any additional notice other than what you provided to the defendant pre-death. Therefore, go ahead and take your default before an estate representative files an answer. Then, hang on to the property until the court loses plenary jurisdiction (30 days after the judgment) in case the estate representative decides to file a motion for new trial after receiving notice of the jdugment. | |||
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