Sanibel, FL asked in Collections and Probate for Florida

Q: I have a final judgment on an ex. He owned property but signed QCD to girlfriend days before recent death. Can I collect

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2 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
  • Probate Lawyer
  • Fort Lauderdale, FL

A: That may depend on whether the judgment was a lien on the real property. In order for the judgment to be a lien on real property you have to have had recorded a certified copy of the judgment on the public records in the county where the property is located. This serves as a lien with limited viability, meaning it will expire and may in 7 or 10 years depending when the judgment was recorded. Also you did not say what the final judgment you have is for, so what the judgment says may have some bearing on whether you can still make a claim on the property transferred.

Charles M.  Baron
Charles M. Baron
  • Collections Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Ms. Grossfeld, and another issue to examine is whether the Fla. Uniform Fraudulent Transfers Act (Fla. Statutes Chapter 726) can apply in the case of a decedent, just prior to dying, fraudulently transferring an asset to avoid a lien or collection action.

Terrence H Thorgaard agrees with this answer

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