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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33713
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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When you and your siblings inheirit a home from your parents

Customer Question

When you and your siblings inheirit a home from your parents and you incorporate a realtor to sale it.The home sales and there are four siblings involved,the deed is clear of debt,for some reason they run a credit check on the heirs.One of the heirs has five judgments against them ,can they put a lien on the deed withholding the other three shares?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Has the property actually been transferred from parents to the siblings via a deed so it is now in the 4 siblings' names?

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thanks

Barrister

Customer: replied 11 months ago.
After the mother passed it was willed to the four children,as far as we know itis still in the mothers name.
Expert:  Barrister replied 11 months ago.

Ok, if the property is still in mother's name, then if the executor of the estate is selling the house out of the estate, then one heir's debts won't affect the other heirs receiving their inheritance. If the creditor of the one heir is aware of the inheritance, they can file a lien with the court and ask that the executor pay off the lien from the share of inheritance the one heir will receive once the house is sold.

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So if the creditor files a lien with the court against the heir's 25% share, then they can keep up to 25% of the proceeds from the sale of the house. The remaining 75% will still be divided up between the other 3 heirs.

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Since the one heir is only entitled to 25% of the estate, that is the most the creditor can lien..

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thanks

Barrister

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