Nashville, TN asked in Estate Planning and Probate for Tennessee

Q: I have had a lien against me for years my mother just passed, are they allow to take her life insurance i am beneficary

the lien was from over a decade ago and I don't even remember what it was for. I am primary beneficary on her life insurance policies. should I do something in advance

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: After you deposit the insurance proceeds in your bank account, your creditors can get to it. Your mother could have prevented that by naming a trust as the beneficiary of her life insurance policy instead of you individually, but now that she has passed it is too late to fix that.

If you are referring to a judgement and not an actual lien, it is possible that the judgement has expired without being renewed. It depends on where (what state) the judgement was obtained and the laws regarding renewal of judgements in that state and the laws of domestication of judgements in the state in which you reside. Contact the lawyer you represented you in that lawsuit for more information on this.

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