Legal Question in Wills and Trusts in Florida

I'm in probate and my mom left me an inheirantance and I have a judgement placed on me for about 15,000. I don't own anything and I want a home to live in. Am I alowed to take my money and buy my home to live in if I have a judgement against me? And say I can't, can I give my inheirantance to my brother or husband so they can buy me a home? I am disabled and really need my home.


Asked on 3/21/14, 2:44 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

1. You can receive your inheritance without a problem as long as there is no garnishment against it. If the inheritance is a piece of release property upon transfer to you that property will have the judgment attach and it is subject to levy potentially.

2. You cannot just transfer the inheritance to someone else to use the money for you to buy an exempt asset.

3. Seek actual legal advise on how to receive your in heritance clear and free of the lien, if possible. Perhaps a resolution of the judgment would make that possible too.

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Answered on 3/21/14, 3:01 pm


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