Legal Question in Wills and Trusts in Florida
My mother is going to pass away from cancer. She wants to will me $10,000.00 but, I own the state(FL) $250,000.00 on a medical bill. My question is, if she wills me the money will the state freeze and take the $10,000.00 for the medical bill? Thanks for all your time and help.
3 Answers from Attorneys
They have to get a judgment against you and have an execution outstanding in order to garnish the money from the Estate. If they do and they know about the funds, they can attempt collection.
There are ways in which your Mother can provide the money to you over time through a trust and so long as no more than $4000.00 a year is not distributed to you, even if you had a judgment against you, unless you own real property yourself as homestead property, then the distribution would like be exempt under the garnishment and levy laws.
Your Mother should contact an experienced estate planning attorney. My firm does a consultation for $75 and a trust and mirror will for a flat fee of $500
Call 941-799-3015
Sorry to hear of your situation. Ms. Bates-Buchanan is correct. I am in the Jacksonville area and if I can be of assistance, contact my office for an appointment 904-997-1031
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