If I have a judgement against me, can my heir loose the home I leave them?

UPDATED: Jun 17, 2012

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If I have a judgement against me, can my heir loose the home I leave them?

I was served papers today naming me a defendent in an auto accident case. I knew it was coming, and hardly a dent. What happens if I will my paid off home to my grandson, who is 15 years old, if I have a judgement against me? Can I go and change the deed into another’s name tomorrow? Also, how young can you be to own property?

Asked on June 17, 2012 under Bankruptcy Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is a potential that if there is a judgment against you, the amount of the judgment may preclude your heirs from inheriting your assets. If you transfer your property to your grandson, the plaintiff may claim that the transfer may be an attempt to  deprive creditors of assets and could later try and set aside the transfer.

There is no age precluding one's ownership of real property. However, as a general rule, minors have property held in trust. You can transfer title of your home to someone else tomorow. I suggest before you do so that you consult with an attorney that practices in the area of personal injury and real estate.

If you have auto insurance concerning the accident that you were in, I suggest that you tender the defense of it to your insurance carrier.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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