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Ask Gregory Boop Your Own Question
Gregory Boop
Gregory Boop, Lawyer (JD)
Category: Legal
Satisfied Customers: 364
Experience:  A trial attorney with a decade of experience representing people and small businesses.
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My mother had a house inside of a living will and died ...

Resolved Question:

My mother had a house inside of a living will and died about 9 months ago. The living will left me and 2 other people as beneficiaries. I live in another state and cannot take care of the house and one of the other beneficiaries is living/taking care of it until it gets sold. The problem is that the person taking care of it can sometimes be irresponsible and do thing such as driving without insurance/etc. My question is if this irresponsible person gets in an accident and can''t pay the legal bills, is the whole house subject to paying off the legal bills, or only the 1/3 portion. The house is currently not sold at this moment.
Submitted: 8 years ago.
Category: Legal
Expert:  Gregory Boop replied 8 years ago.

If this person had a judgment against them, only their assets would be subject to attachment, garnishment or levy. I assume at this time the deed has been transfered to the three beneficiaries so there is a clear way of distinquishing their share.

Now the problem is if this occurs before a final sale, this can hold up a sale for a significant period of time. For example, if the injured party or judgment creditor were to move for pre-judgment attachment, than the entire sale could be held up.

Another issue is negligent entrustment. In some rare situations where close family (most often a spouse) knows or should know that a person is driving illegally (most often drunk or under suspension) the family can be held liable for negligent entrustment. But, this does not seem to be an issue.
Customer: replied 8 years ago.
Reply to Gregory Boop's Post: No transfer of the deed has occured at this time between us and the house is still under the living trust. All other assets have been distributed between us. The trust clearly indicates we all get 1/3. It has taXXXXX XXXXXer than we thought to get rid of the house...
Expert:  Gregory Boop replied 8 years ago.
That should be sufficient to show the share. Again, the issue is that in the event someone pursues their assets it can hold up sale.
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