Can my life estate be affected by a judgment against me?

Full question:

I have a judgement against me of 25,000 due to selling a business and having the new owner run it into the ground and breaking the lease 3 months early.She took over my lease but they can still come after me.My name and my sisters name is on my moms condo since 1995,creating a life estate which is listed as such on the quick claim form. Do i have anything to be concerned about?If so and i do a quick claim with my sister what about the life estate issue?

Answer:

If the judgment is against you personally, your life estate interest may be at risk. Creditors can potentially attach a life estate if you have a judgment against you. Additionally, if you transfer your interest with knowledge of the judgment, that transfer could be seen as a fraudulent conveyance. This means that if you make a transfer intending to avoid paying a debt, or if you do not receive fair value in return, it could be challenged by creditors. The Uniform Fraudulent Transfer Act outlines that a transfer is fraudulent if made with the intent to hinder, delay, or defraud creditors, or if it is made without receiving equivalent value while you are in financial distress (see Uniform Fraudulent Transfer Act).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When a leased property is sold, the lease typically remains in effect. The new owner takes over the existing lease and must honor its terms. Tenants should continue to pay rent to the new owner. However, it's essential to review the lease agreement, as some leases may contain specific clauses about property sales.