Legal Question in Wills and Trusts in California
I have a judgment lien against someone who placed their home in a family trust. If the home is sold will I still receive payment from the proceeds of the sale?
Asked on 4/13/11, 7:43 am
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
If it's a revocable trust, it should not affect creditor's rights.
Answered on 4/13/11, 7:54 am
Most family trusts are revocable. If so, you do not even have to wait for it to sell. If there's enough equity in it to cover senior liens and whatever statutory exemption applies, you can have it sold by execution sale.
Answered on 4/13/11, 9:24 am
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