Legal Question in Wills and Trusts in Georgia

My 4 sisters and I own moms house...she died a year ago...its for sale ...will leins or garnishment take my share of the sale...the sale is in MS...I live in GA..just moved from AR last year....we only live on SS


Asked on 3/24/15, 10:56 pm

1 Answer from Attorneys

You do not indicate what liens or garnishment there would be and why a lienor would take "your" share of the proceeds. I do not know exactly why you are addressing this to GA attorneys. I presume the estate is in MS if that is where the property is. In such case, you should probably direct your question to a probate attorney located in MS.

Social Security cannot be garnished. But you cannot commingle an inheritance with Social Security money. You need to keep those funds separate. Lienors/creditors cannot garnish Social Security in most cases.

Again, you do not indicate who is the lienor. Is the property mortgaged? If so, the the mortgage has to be satisfied. If there is a judgment against you,the creditor would have to find out that you are owed money from the estate before they could garnish it. Is that likely to happen? Not unless you or someone close to you tells them.

You need to either direct your questions to the proper attorneys or re-post your question with more relevant details.

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Answered on 3/25/15, 1:30 pm


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