Q: How much of a judgment debtors interest in his fathers estate is exempt from enforcement? THIS IS IN CALIFORNIA.
A judgment debtor lived with his father in his fathers residence. The father died intestate and the mother predeceased the father. There are a total of six children, all adults. The fathers estate is a residence valued at $495,000, and money and stock is $288,236.60. The fathers eldest son opened a probate case in San Bernardino County Superior Court and I filed a Motion for Assignment Order and for Order Restraining Judgment Debtor which will be heard in October.
A:
Dear Upland:
You did not mention if this was a probate or trust estate, when the judgement entered, or in what capacity you are involved in the estate. (Debtor/Heir, Administrator, Trustee, etc.)
The short answer is that all of the judgement debtor's interest in the estate up to the amount of the judgement is available to satisfy the judgement, but the interests of the other siblings is not.
However, the judgement debtor's share is not subject to enforcement until it is distributed to the judgement debtor. Unless the judgement creditor goes to court and gets an order directing the representative to pay the debtor's share directly to the creditors. (This assumes a probate estate, a similar procedure is required for a trust.)
Heir/Beneficiary creditor issues can be tricky, and the fiduciary (trustee/executor/administrator) who does not play by the rules can possibly be held liable to the creditor. I recommend, whether you are the creditor, debtor, trustee, administrator, or executor that you discuss the specific facts with an attorney. If you cannot find an attorney, you can try your local county bar association which likely has a lawyer referral service. County Bar referral services provide consultations with an attorney for a low or nominal fee.
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