Can a Creditor Execute a Judgment Against a Life Estate in New Jersey Real Estate?

HNWElder Care Law, Elder Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Law Attorney

NJ Real Estate

A client has a life estate in his home with the remainder interest (a remainder interest is an “ownership interest”) having been given to family members, specifically his children. I was asked to determine if a legal judgment would attach to his real estate during his life time or after his demise.

The answer is:  A life estate does not give a creditor of a person who has a life estate a right to execute their judgment against his life estate and certainly no right to execute against the remainder interest of his real estate.  The reason is that the holder of the life estate’s interest dies upon his death.

Contact me personally today to discuss your New Jersey elder law matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at


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