Legal Question in Wills and Trusts in Florida
I live in Florida. I created a Life Estate to include my two children not knowing one of them had unpaid debts. Can a debt collector put a lien or force the sale of my house to satisfy my child's debt?
1 Answer from Attorneys
Since your children are on the deed to your house, they have an interest in it, and their legal problems could become yours. If your child is sued or owes taxes, a lien could be filed against your home. Judgments, tax liens and other creditor-related issues against a remainderman (your child) will attach to the interest owned by the child. Your child�s interest in the home is not protected if he or she files bankruptcy. However, even if creditors have a claim against your child's interest in the property, it is not subject to partition and cannot be sold absent your consent.
Aside from what I have stated above, I do not know all of the circumstance involved, and would need to see the documents that gave the life estate to your children. Therefore, I strongly suggest you seek legal advice from an Estate Planning attorney who can properly advise you.