No. The property cannot be transferred, sold nor refinanced until the judgment lien is paid/settled or the judgment holder consents to the act.
In California, we see people do it all the time. They file a Quit Claim, and transfer title to the property to someone else. They do not realize, however, that the lien is still on the property. So, if your mother quit claims her house to you, when YOU go to sell it, you will have to pay your mother's judgment. Or, the judgment holder may come after the property with a Quiet Title action. When they prevail with that, then they will do an action to partition the property, and it will be sold.
My father is deceased my mother used quitclaim deed to sell property what about the kids do fathers interest pass to kids
Maybe, but the law protects the rights of spouses. Your step-mother may have a life estate in the property. You will need to consult a probate attorney and the will to determine what her rights are.
A conveyance to avoid creditors is not effective and can be defeated by the creditor. When you convey real estate after you have notice of a default or debt the court will approve an attachment of the property against you and your grantee. The creditors will be able to go after the property in spite of the conveyance.
According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate. If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
No, the judgment lien would be against the property owner(s) only.
In my opinion, no. You are both too young, and his mother might make judgment against you.
No. You have no rights in your mother's property.
No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.
You are not personally responsible. However, if your mother owns any property in her name the government can record a lien against her estate. The lien must be paid before any property can be distributed. For future reference: If it happens that a Medical Assistance lien is filed against your mother's estate a skilled attorney can usually negotiate a settlement for a lessor amount in return for a cash offer.
If the lien was against property owned by the mother it had to be paid in full, perhaps there was no money left after that was done. In regards to the "signing" issue, if the persons were not listed on the property title then there was no need for their signature(s). If the deceased held a lien against someone else's property that issue would have to be decided through probate. The best option would be to consult an attorney who is versant in probate/estate law. Most attorney's offer free or minimal fee consultation to explain legal options.
Since your mom is an invalid, she may have recourse to signing the quitclaim under duress, but you would need to get legal help. Otherwise, her quickest way to get money for her belongings would be small claims court: but make sure she has proof of the property she left. I do not know what it would take for her to be able to visit the home with a police officer to obtain her items.
Answer:Matthew 10:35 (KJV) For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. Luke 12:53 (KJV) The father shall be divided against the son, and the son against the father; the mother against the daughter, and the daughter against the mother; the mother in law against her daughter in law, and the daughter in law against her mother in law.