Legal Question in Wills and Trusts in California

Can a creditor with a lien filed force the sale of real estate while the property is in probate or demand payment while the property is in probate. The property is located in Humboldt County, California ?


Asked on 6/04/10, 10:34 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It depends. If the lien is valid, and was issued before the death of the decedent, the lien attaches to all property the decedent owned. The property can be sold at an execution sale. The debts of the decedent must be paid, and if they are not, the lien would follow the transfer to you, and it could still be sold at an execution sale. If someone has obtained a judgment against someone after they died, you may have a different issue.

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Answered on 6/05/10, 8:44 am


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