How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
16823287
Type Your Legal Question Here...
Maverick is online now
A new question is answered every 9 seconds

I was granted a writ of execution against my ex in

Customer Question

I was granted a writ of execution against my ex in California because they did not pay court ordered spousal maintenance. My ex has moved to Texas I want to place a lien against their trust that is held in California. How do I proceed?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: The trust was originated in California
JA: Has anything been filed or reported?
Customer: I went to court and filed a writ of execution and was issued it, I have not served the other party as of yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 2 months ago.
Category: Legal
Expert:  Maverick replied 2 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 2 months ago.

If the trust is a revocable trust that was created by your ex, then you would identify the assets in the that trust as being the subject of the writ of execution. In other words there is no reason to put a lien on the trust assets since you may execute on them now.

That said, in order to attach a lien to real estate in the trust, you can mail the abstract of judgment to the county recorder's office in any California county where the trust owns real estate. For personal property held by the trust, you would file a Notice of Judgment Lien with the California Secretary of State.

Please Note: (1) Just Answer’s site disclaimers apply to all levels of service; (2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and (3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.

If the trust has real estate in it, then you would generally file a copy of the judgment in the county deed records to place a lien on it.