Legal Question in Wills and Trusts in North Carolina
Hey all,
This is a long story, so please bare with me.
Years ago my great aunt became ill, and when that happened my mother became Power of Attorney because she had a bit of an estate. Well my aunt got worse, had to be moved to a full time care facility for several years, she then was "injured" while in the care of a lazy nurse, the nurse did not put the bed rails up, and she fell out and broke her hip and leg. We moved her to another home, and shortly after the original home came after my mother with a Judgement for 34,000, Im not sure if that was for X amount of months, or what the particulars were, but I know they had been paid ontime from the estate.
So now, after all those expenses, funeral, and general expenses over the years, the estate is gone, my mother doesnt have 34,000 dollars, and they are after her for the money.
My mother owns a piece of land, she bought it for me when I was young, I am 23 now and looking to build a house, on the land in question. She is worried that the judgement will transfer to me, or they will take it.
Is there any way for me to take over the land, and not get hit with a 34,000 bill? Its almost an acre, property value is probably about 30,000, but we bought it for 8500 many years ago.
1 Answer from Attorneys
If the nursing home got a judgment against your mother, in what state was it entered? Where is the land owned by your mother? In NC, judgments automatically attach to land when they are entered. Judgments last for 10 years and can be renewed for another 10 years. They never go away. And your mother cannot give the land to you.
Your mother needed to do something about this before a judgment was entered. Its too late now. Her only hope is to try and resolve the judgment in some way. However, if this was many years ago, judgments earn interest. If this is NC, the judgment earns 8% interest per year but this accrues on a dialy basis so each day that passes the judgment gets bigger. I don 't know what your mother owns or how long ago the judgment was entered, but if its still on the books, she may want to file bankruptcy. In the alternative, she might be able to mortgage the property and try and settle for less to get the judgment satisfied. I m surprised that the credtor has not tried to seize it before now.
Since your mother has the judgment and she is the one who owns the land, I think she is the one who needs to sit down with a bankruptcy or consumer debt attorney and get this straightened out.
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