If my sister has a judgment against me personally but I’m the trustee of our father’s estate, can she force me to give her the money in my dad’s estate?

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If my sister has a judgment against me personally but I’m the trustee of our father’s estate, can she force me to give her the money in my dad’s estate?

They are totally separate from each other. The funds were purchased by my father and have nothing to do with how she got a judgment against me. The judgment she got was for fraud. Can she prevent me from getting the funds?

Asked on November 20, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, she cannot force you to give her the money in the estate--the estate or trust is separate legally from you (this assumes that you can prove, as you state, that the funds are separate); however, any portion of those monies that come to you are something she can reach, either know or later (e.g. at or after probate) since once the money becomes yours, it is subject to the judgment.


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