Perdido Key, FL Estate Planning Law Firms & Lawyers

Typically judgments that are properly filed with the County Clerk create a lien against any property owned by the Defendant in the county where the judgment was filed. This typically means that if the Defendant's property is homestead then the lien just sits there and unenforceable until the Defendant tries to sell or refinance the property; at which time, the lien must be paid. However the transfer of the property by rights of survivorship (and not by transfer of deeds) creates a loophole for this situation; therefore, as long as the property only transfers through the rights of survivorship you should be fine. Here's your other problem, if you titled the property to you, your husband and your son as joint tenants with right of survivorship (and your son is a minor), then you created a situation where you can't transfer the property (i.e. quit claim deed or warranty deed or sale) without everybody signing the deed and if your son is a minor he cannot sign the deed and you can't sign the deed for him without going to Court and getting a guardianship for the property of a minor (you should consult legal counsel to go over the one exception to this rule). If your son is not a minor, then you still need everyone to sign the deed in the order to transfer the property. It is typically not a good idea to put real property in a child's name.

Obviously you were not taking with a lawyer. I am not saying you need a trust, but to state that if you do not have over 3 million you do not need a trust is crazy. No one needs one, but almost all can benefit from one. If you would like to talk about it, I would be happy to discuss your specifics in a free consultation and tell you the advantages and disadvantages for your specific situation.