Legal Question in Wills and Trusts in California
Judgment Creditor Limitations
I am executor of an estate that has a judgment against it. The primary asset is an annuity. I have been told that in CA law, the judgment can claim only 25% of the annuity. First, is this true? Second, is it also true in Texas?
Asked on 5/03/08, 6:46 pm
1 Answer from Attorneys
Mitchell Roth
MW Roth, Professional Law Corporation
Re: Judgment Creditor Limitations
It's not true as expressed. Someone who receives an annuity payment can apply to exempt a portion of the annuity payment. I don't see how this would apply to an estate. Texas law may be different as to specifics but is likely to be substantially the same.
Answered on 5/03/08, 8:16 pm
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