Legal Question in Wills and Trusts in New York
Any Estate Planning I can do to avert losing all assests
I have two credit card judgments that have just been filed against me due to a business failing. I own rental property, can they make me sell this property to satisfy the judgements? Can I do any estate planning at this late stage that would help the situation, like put the property into an FLP for my kids or something else?
2 Answers from Attorneys
Re: Any Estate Planning I can do to avert losing all assests
THEY CAN ENFORCE THEIR JUDGMENT BY ATTACHING ANY PROPERTY YOU OWN INDIVIDUALLY, ALTHOUGH THEY MAY NOT TAKE SUCH DRASTIC ACTION. I SUGGEST TRYING TO WORK OUT A PAYMENT PLAN OR COMPROMISE THE AMOUNT DUE. TRANFERRING YOUR PROPERTY AFTER THE JUDGMENTS ARE RECORDING EXPOSES YOU TO TRANSFER IN FRAUD OF CREDITOR CLAIMS AND LITIGATION WHICH MAY HAVE MORE SEVERE RAMIFICATIONS.
Re: Any Estate Planning I can do to avert losing all assests
You failed to mention if the property owned is in personal or corporate names, if the judgments are against you personally or against a business that failed.
If the judgments are against a former business (C Corp, S Corp, LLC, LP, etc) then it is unlikely that the business' failures will be attributable to you personally, and they will not be able to force you to personally pay the debts of a failed business.
If the business was a sole prop, or a general partnership then you will be held to pay its debts.
Also, the property if it is in corporate or other names, i.e. LLC's, LP's etc, then the judgments should not effect them. On the other hand, if they are all held personally and your debts are personal any movement can be deemed a fraud on creditors and you will have additional issues.
In that case, I suggest you head Walter's advice and contact the creditors.