Are a beneficiary’s creditors able to attach their inheritance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are a beneficiary’s creditors able to attach their inheritance?
My husband is executor of his grandmother’s estate. He & his brother were surviving heirs. Brother now deceased. Upon obtaining the abstract, many liens and judgments in brother’s name have been attached to the property. Is my husband or his grandmother’s estate responsible for those debts? His brother had zero money or assets.
Asked on November 10, 2011 under Estate Planning, New York
Answers:
Sharon Siegel / Siegel & Siegel, P.C.
Answered 13 years ago | Contributor
In NY, the beneficiaries inherit real propoerty as of the date of death if it were left to them as a specific bequest under a will. I gather from your question that you are in the process of selling the propoerty and a titile company is insisting that judgments of your brother in law be cleared. To avoid this problem, certain steps must be taken in the estate proceeding to make the propoerty saleable and most profitable to your husband. I would consult a lawyer. You can't do this yourself. I would be happy to speak with you if you wish.
e-mail: [email protected]
212-721-5300
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.