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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38212
Experience:  Attorney with 17 years experience
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I stand to inherit funds from a probate. I also have a civil

Customer Question

I stand to inherit funds from a probate. I also have a civil suit against me which is pending. Can the other party somehow prevent me from receiving and using my inheritance until the civil suit is settled?
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the other party aware of the inheritance?

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And there has been no judgment against you yet, correct?

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thanks

Barrister

Customer: replied 9 months ago.
the other party is aware as they stand to receive an inheritance as well. There is no judgement yet, we still have to go to court.
Expert:  Barrister replied 9 months ago.

Ok, then if there is no judgment that has been entered against you at this point, they have no legal grounds to ask for any inheritance to be frozen or levied on. You could theoretically win the case and owe the other person nothing so a judge wouldn't put any kind of hold on your inheritance just because you "might" have a judgment entered against you.

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If there was already a judgment in place, that would be different as the judgment creditor could notify the executor of the judgment and request a formal lien on any inheritance. But that is not the case here.

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thanks

Barrister