Legal Question in Wills and Trusts in California
Judgement vs. Lien
A year and a half ago my grandmother passed away, leaving 1/3 of her assets to my father. My father then took out a loan on his portion of the inheritance prior to the probate, with the lender placing a lien on the inheritance. The DA had failed to place a judgement against my father several years ago, so my mother had a judgement placed against my father for an amount that well exceeds the amount that my father inherited a year prior to the death of my grandmother. During the probate, the courts ruled in favor of my mother due to the judgement that was placed. The lenders appealed the court's decision and my mother is awaiting a hearing. How long does she have to wait and what recourse, if any, would she be able to take against the lenders and/or against my father for fraudulently taking out a loan against money that did not belong to him due to the judgment?
1 Answer from Attorneys
Re: Judgement vs. Lien
it sounds like her judgment lien is being upheld so she was not damaged by the actions.