One of the siblings has a judgment against them. We would like to see if there is a possibility of doing a quit claim on this sibling because when this house is sold, the judgment is much more than 1/3 of the total. The other two siblings has paid for fees and financial things, so they would like to be reimbursed for these totals. The judgment will be taken from the proceeds first which does not leave 2/3's of the profit which would make it an even split between the 3 siblings. Is it possible to do this quit claim and how would I go about it? Thank you so much for your assistance.
A quit claim won't work. Assuming this was your father's homestead, whatever judgments existed against that sibling would attach at the time of your father's death and the quit claim deed would not eliminate that judgment lien. some of your conclusions about what would happen to the property are inaccurate. The Judgment creditor can only recover from the sibling's 1/3 interest. The creditor cannot recover from the others with their 2/3 interests. Thus in a sale, the two other children still received their 2/3 share of the sale proceeds. Also if you hire an knowledgeable probate attorney, you may be able to assert probate liens for the expenses paid for the property and the expenses of probate. If properly done, these would be reimbursed before the judgment creditor receives any portion of the 1/3 share of the remaining sibling. Thus review this with a probate attorney and let him or her assist you. You are likely to end up better than you have described in your narrative.
The judgment only has an impact on the 1/3 share of the beneficiary with the judgment as explained.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
I agree with Mr. Herman's assessment. Based upon your statements, your father appears to have already died. This means technically the house is all ready you and your two sibling and the judgment has attached. You must go through probate and having the house declared homestead to show the transfer of record and have the home released from the estate.The judgment does not get paid from the proceeds first. The fees, funeral costs and other financial undertakings of the estate, should come off the top before the proceeds are divided. Once divided the siblings creditor will be able to receive whatever remaining 1/3 there is. From what you have indicated that is less than the judgment; however the judgment is only against that which is owned by the sibling; therefore, it cannot be collected against the other 2 siblings share and is only paid after payment of the costs of administration. You need to hire a probate attorney to help you through the process.
This answer does not constitute legal advice and does not create an attorney client relationship. The answer is for information purposes only and is based on the limited information you provided.
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