Legal Question in Wills and Trusts in California

inheritance home

My mother passed away two months ago. She had a living will and left the home I live in as an inheritance to my brother and I. I owe $30,000 credit card debt. I am trying to pay it off while on Social Security. If I don't succeed can one of my creditors put a lien on the house or otherwise endanger the home I have lived in most of my life?


Asked on 6/14/08, 2:07 am

2 Answers from Attorneys
Frankie Woo Fiducia Legal

Re: inheritance home

Are you talking about a living trust?

I don't believe the credits can put a lien on the house yet, since the house would still belong to the trust. They could put a judgment lien if the trust were to distribute the house to you and your brother by changing the title to your names as tenants in common. Look at the trust document to see if there is a spendthrift clause. Creditors won't be able to attach the assets of the trust or force the trustee to make payments directly to the creditors.

Read more
Answered on 6/14/08, 12:01 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: inheritance home

Once the debt is reduced to a judgment after a lawsuit, the judgment will become a lien on the home.

Read more
Answered on 6/21/08, 5:49 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California