Generally property owned by a married couple is held as Tenancy By The Entirety and if only one spouse is the judgment debtor said property cannot be attached by the judgment holder. Please be aware that the exact wording on a deed to real property is very important. In some cases state default laws will apply if the wording is challenged. The best option is for the concerned parties to have the property title examined by a qualified real estate/titling company or attorney.
In general a plaintiff who receives a judgment for personal injury or wrongful death can execute the judgment against all property belonging to the defendant until the judgment award is satisfied. Anyone named as a defendant in a personal injury or wrongful death suit should retain legal counsel immediately and refrain from discussing the matter with anyone other than their legal representative.
Each state has different laws on what assets can be protected from judgment creditors.
embezzlement
A creditor must sue in civil court, obtain a judgment and then request a judgment lien that can be recorded in the land records. A judgment can be rendered for different types of debts such as default on a promissory note, credit card debt, personal injury award, wrongful death, etc. Once a judgment lien is recorded in the land records the property cannot be sold or mortgaged until the lien is paid off. Interest begins to accrue as soon as the favorable judgment is issued.
TORT
The wrongful usurpations of my private property resulted in my suing the county police.
There is no wrongful birth. Only wrongful death.
EMBEZZLE - The wrongful or willful taking of money or property belonging to someone else after the money or property has lawfully come into the possession or control of the person taking it.
Torts deal with damage to property and persons. Wrongful death is a tort case that can be brought when someone dies because of something someone else did wrong. It is different then criminal law.
If you mean the parents have deeded or willed the property to the person who will become the executrix, then, yes it is legal and not unusual, absent evidence of wrongful persuasion or the like.
Counter-sue. * File a Motion to Vacate in the court where the judgment was entered. If the petitioner is not throughly versed in the laws of the state and the procedures of filing it would be in their best interest to retain an attorney or at least legal advice on the validity of the motion and the implementation thereof.
Yes, strict liability is a legal doctrine that can be used in certain tort cases. It holds individuals or entities liable for their actions regardless of fault or intent. This is often seen in cases involving product liability or certain activities like owning dangerous animals.