Legal Question in Civil Litigation in New York

Can I transfer property

I have a friend who ownes property and is being sued for physical damages can he transfer the deed of the house and cars to one of his daughters before it goes to court.


Asked on 3/19/06, 7:47 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can I transfer property

Yes, he can. But it should be done quickly and use a particular form to avoind the 'fraudulent conveyances act'.

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Answered on 3/21/06, 2:22 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Can I transfer property

There are proper and improper ways to do what you refer to. From your question I can't tell what exactly you are contemplating, but all else being equal, you can transfer assets to your daughter.

If the transfer is not a real one, and done solely to escape judgment creditors

or before filing for bankruptcy (the two situations are different) it is possible that the transfer could be set aside or voided, or in the case of a bankruptcy proceeding, the court could deny a discharge.

Before any sort of re-organization of assets

to avoid liability, consult an attorney.

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Answered on 3/20/06, 12:11 pm


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