Legal Question in Wills and Trusts in Alabama

This is one of those "it depends" questions. If real estate is owned in joint tenancy with right of survivorship, the deceased interest ends at death and the creditor's right to attach a lien on that asset also ends, so in this case the answer to your question is "no". However, if the deceased owned property in a tenancy in common with another, the creditors could place a lien on the interest that he/she had at death, in anticipation of being repaid from the estate. In this case, your answer is "yes". So you should contact a lawyer to get a specific answer.

William G. Nolan

www.NolanElderLaw.com