What assets can a creditor take?

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What assets can a creditor take?

My mother owes $15,000 to an elder care center. They treated her badly and we took her out. The 3 children now pay assisted living for her care. She owns half of 115 acres (my dad left his half in trust when he died). Mom is beneficiary of the trust until she dies, then the 3 children are beneficiaries.

Asked on October 4, 2010 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

They are a judgement creditor and can attach assets of the estate.  They can do so by levying on bank accounts, filing a lien on real property, etc.  I think that your real focus here should, however, be an attempt to reduce or erase the amount that is owed due to their negligent care of your Mother.  I would try that angle - with legal help - so that the debt can be settled.  I would also file a complaint with the state as to their care of your Mother if it really was that bad.  No one should get away with taking advantage of the elderly in any way.  Seek help from an attorney in your area.  Good luck.


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