QUESTION
My mother has died . A creditor has an abstract of judgement filed against her PERSONALLY .
Asked on Jan 29th, 2016 on Estate Litigation - California
More details to this question:
My mother has died . A creditor has an abstract of judgement filed against her PERSONALLY . It is not filed against her trust and her only asset is a home in her trust free and clear . Does that give me any defense to not pay the creditors claim with the abstract ? Does it allow me to sell the home to raise cash to pay the attys fees and other administrative costs by avoiding his abstract ? It would seem without an abstract filed against the home he is at least not a secured creditor?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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A living trust does not offer any asset protection features. A recorded abstract of judgment attaches to all property owned by the debtor, including her interest in a trust. You'll have to pay it to sell the property.
Answered on Jan 30th, 2016 at 10:44 AM