QUESTION
Could Grandmother quit claim to adult Grandson and possibly avoid any future attachments from son's creditors?
Asked on Jul 15th, 2013 on Bankruptcy - Florida
More details to this question:
Grandmother owns residence (outside FL, no unlimited homestead exemption) free from any encumbrances. Will was prepared approx 30 years ago with son as heir. Son has judgments (credit card debt). Grandmother is very concerned that property remain in family. Could she quit claim to adult Grandson and possibly avoid any future attachments from son's creditors? This would seem to eliminate any incident of ownership for the son and shield from judgments.
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There does not appear to be any reason why the grandmother cannot deed the home to the grandson. The debt is not the grandmother's or the grandson's, so there is no shielding of that. If however, the son has an actual interest in the property, this could be viewed as a fraudulent conveyance.
Answered on Jul 16th, 2013 at 9:30 PM