Legal Question in Wills and Trusts in Florida

I have a Florida judgement lien against an individual who has no assets and likely will never own property anytime soon.

I know his elderly parents have both property and assets which he and his sister are likely to inherit, at some point in the future.

I know that a title search for transfer of ownership on any real property in Florida would reveal my judgement lien and require resolution prior to that individual selling any property. Does this also work prior to aquisition by inheritance or purchase?

Also, is the PROBATE COURT required perform any lien searches prior to awarding inheritance money or property, or does the responsibility fall upon me to be observant enough to seek garnishment of any inheritance in a timely manner (while still in probate)?


Asked on 2/15/10, 1:35 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No and No.

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Answered on 2/20/10, 8:15 pm
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

A caveat may be a useful tool for your purposes.

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Answered on 2/21/10, 2:59 pm


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