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My father passed away. we are in the process of selling

Customer Question
Good afternoon. my...

Good afternoon. my father passed away. we are in the process of selling house. what happens if debt collectors are attempting to garnish one siblings portion of the house. can the debt collector take the entire proceeds

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

We went thru probate and are closing soon.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know what my rights are concerning my portion of the house.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
3/13/2018
Real Estate Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,809
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 4 months ago

The estate has no liability for an heir's debt.

The sibling's creditor may garnish the distribution to the sibling who owes money, but they have no right to seize any other heir's share.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Real Estate Lawyer: Loren, Lawyer replied 4 months ago

Are you online with me?

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Real Estate Lawyer: Loren, Lawyer replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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