Hell no
The creditor can seek a court judgment and if successful can record a lien against the debtor's property. The lien must be paid before the property can be refinanced or sold. The creditor can also file a claim against the debtor's estate.
If creditors have filed claims against the estate and there is no cash to pay the claims then the real property must be sold to pay the debts. The debts of the decedent must be paid before any property can be distributed to the heirs.
There are a few options for obtaining loans on inheritance, such as inheritance advance companies, banks, and private lenders. These lenders may provide loans based on the value of the inheritance you are set to receive. It's important to carefully consider the terms and interest rates before choosing a loan option.
When you get an advance on an inheritance before the estate settles, you will not get the full amount. The companies that provide these advances will take a significant percentage of the inheritance, in exchange for the prompt payment and additional risk they take on.
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
It depends on what the lien is against. If it is against the estate, it has to be resolved before distribution. If there is a lien against your property, your inheritance does not have to be used to pay it off, however, it could be claimed through a court order.
No. You have no rights in a parent's property while they are living. An inheritance comes from the property a decedent owns at the time of death. Death makes that property 'inheritable'. There is no such thing as an inheritance from a living person.
You need to state your case before a judge and get a judgment in your favor in order to obtain a judgment lien against another party. You have no power to place a lien on anyone's property.
If your wife inherited her assets before you all got married then you are not entitled to them. If she got it after you all got married, the law is determined by your state.
I know in my state, Louisiana, that would be considered an inheritance, and therefore, not community property. So, no, your husband would have no claim to it.But you need to check the inheritance laws of your state.In the USIn the United States a woman is allowed to own property in her own right. Her husband has no control over property she inherits. That sort of practice went out with the Married Women's Property Acts beginning in the nineteenth century which were originally designed to protect their property from their husband's creditors. In a community property state generally, a spouse's separate property consists of property the spouse owned before marriage or acquired by gift or inheritance during the marriage.
The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.
This may vary by state. If the lien is placed against YOU, that being your wages, then it does not affect the property and it will have a clean title. If they file for a lien against your property, though, you will be required to pay off the lien before selling the property. I'd advise that you don't let the debt collector find out you have the property if you plan on selling it.
Why would it? It's not an income payment it's to reimburse for damages to your property and to restore the property to the condition it was before.
Any creditor that has obtained a judgement against you can attach a lien to any real property you own.
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.
no