Legal Question in Wills and Trusts in California
Do liens apply to inheritance under California law? I am about to inherit some money from my mother's death. The inheritance comes in part from cash in a trust, and also from her IRA. I have a Lien in my name from a lost court case several years ago in California. Will they be able to take the inheritance from me?
1 Answer from Attorneys
Once the inherited funds are in your name, they could be subject to levy or collection. A judgment lien (which is what you seem to have) is good for up to 20 years. Depending on the amount that may determine how aggressive the lien holder will be to try and collect. Usually they record the lien so if you own property you cannot re-fi or sell without paying it off, but they do not aggressively pursue collection (through wage garnishment for example). They can also schedule a debtor's exam and make you tell them where you have money. You should meet with an attorney who can look at the lien in detail and give you some options
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