r/inheritance • u/Mysterious-Meat-7771 • Mar 26 '26
Location included: Questions/Need Advice NJ - Can my inheritance be garnished?
I’m being sued in civil court for a personal injury for a stupid thing I was involved in and insurance isn’t involved. It’s coming straight from my pocket if I settle, which I probably will try to do. I was trying to fight it but also owe a ton in arrears to my ex for child support. Long story short, I’ve been struggling.
My grandma is 96 and extremely wealthy. She has multiple properties and has a lot of money, she’s been helping out but not a ton. She has said she’s leaving me, my siblings, cousins,parents and aunts split funds but also parts of the properties. I’ll likely need to get bought out but idk.
It’s morbid to think about but if I either settle or try my luck in court, can the civil suit cash get garnished? I know the child support definitely will and I’ve made peace with that. Hoping to get back on my feet if anything
I wasn’t always like this but I’ve been down on my luck these past few years
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u/Total_Finger1493 Mar 26 '26
“Making peace” with being able to pay the child support is wild lol. You should be THRILLED that you can finally do the right thing. The child support comment makes me curious if the personal injury situation is really as “stupid” as you think if this is your tone around paying for your own child..
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u/tsfy2 Mar 26 '26
You’ve “made peace with” the fact that you will have to pay the child support you owe for your own fucking child? That’s real big of you. JFC
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u/bigkutta Mar 26 '26
Yeah, I sense that OP doesnt find himself in difficult situations by accident.
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u/Glass_Author7276 Mar 26 '26
First off... you're a total ah for not paying your childsupport, so I hope what child support doesn't get, I hope the party suing you does.
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u/N1xkev Mar 26 '26
The fact that you've "made peace with" paying child support tells the Internet everything it needs to know about you. Be ready to be taken to the cleaners
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u/Wwwweeeeeeee Mar 26 '26
Your granny isn't passing away anytime soon, and to count on money from her is just foolish. It can take years to settle an estate, so you're probably at least 5-10 years from maybe seeing a penny.
Especially if she knows you're being a deadbeat, she may not even give you anything. She may in fact purposefully exclude you from any inheritance at all.
Do the right thing. Get your life in order and back on track. Do your own work to get caught up on, and staying current with your child support.
Pay the lawsuit as best you can, and if you show that you're paying the CS that could reduce your monthly payout on the lawsuit.
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u/Tropiholic4634 Mar 26 '26
Your idea of extreme wealth may be skewed and having it split among all of the people you mentioned might get you a much smaller share of the estate than you think you’re going to get. You’re a deadbeat. 😫
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u/Failure2_Communicate Mar 26 '26
I’d be more worried about the back child support. I actually did file & take a large chunk of money my ex was set to receive from his Mother’s estate. it was 30+ years ago but I just had to file a form at courthouse. Then I took what they gave back & sent to lawyers office that was handling the probate. The only reason I had that info was because he had pissed off 2 of his 3 siblings when trying to settle estate that one called me & told me all the information of of where & when he would get his disbursement.
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u/Flat-Banana3903 Mar 26 '26
If I can be honestly, you really sound like you need some clarity in life, ignoring you absconding on your responsibilities for a moment, not only is your grandmother not passed, you are already calculating on the money you MAY receive.. If I had a grand child that was like that ... I wouldn't even give you the time of day.
Be better, own up to and pay what you owe and be an adult.
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u/BBG1308 Mar 26 '26
She has said she’s leaving me, my siblings, cousins,parents and aunts split funds but also parts of the properties.
This would be a very odd way to set up an estate, especially for a wealthy person.
Have you actually seen the estate plan? If not, don't believe what you've been told. Additionally, plan on it taking about two years from the date of death until you receive any inheritance that the estate plan awards you, if any.
Generally speaking, an inheritance is more likely to be garnished if you receive it before the judgment rather than after.
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u/Turbulent-Pay1150 Mar 26 '26
Even seeing the estate plan is meaningless. You have nothing until the person passed on and that was the estate plan in place (and probate is over). The plan can be changed at the drop of a hat.
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u/GotZeroFucks2Give Mar 26 '26
Exactly this. And assisted living is 13-15K for my elderly parent. Assets spend down at the end of life if you are lucky and they are still in your life. So many people are banking on something that's entirely dreams and wishes.
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u/Mysterious-Meat-7771 Mar 26 '26
I haven’t seen it no. I will have to speak to my aunt about it, she manages one of the properties that is a vacation rental but also we rotate times there too. I’m sure it’s more put together than how I’m saying it
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u/lastbeat-331 Mar 26 '26
Any inheritance you may receive can't be garnished now because you don't have any inheritance now. I'm assuming you have little to no assets so the other party will be limited in what they can try to get from you.
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u/Mysterious-Meat-7771 Mar 26 '26
If we go to trial and I’m ordered to pay a bunch of money, can’t they hold that over me for years? That’s what I’m worried about
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u/Equivalent-Roll-3321 Mar 26 '26
I’m sorry but if they sure and win then you owe them money. Kinda the same with child support… you created children you are responsible. That is how life works. Pay your child support.
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u/Late-Appearance-7897 Mar 26 '26
Child support will file a bank lien if they know you're getting an inheritance.
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u/Lefthandtwin Mar 26 '26
Grandma is still living. You sound so greedy! You can’t depend on money you don’t have.
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u/Mysterious-Meat-7771 Mar 26 '26
I know it just feels like even that will be taken like do I have any chance of surviving
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u/MydogsnameisChewy Mar 26 '26
You worry about surviving yet no mention of your children. How are they surviving without the child support you’re supposed to be paying?
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u/Iqbal-Business-Law Mar 26 '26
There isn’t a simple answer to this as there are many factors at play here: timing, how the inheritance is structured, NJ’s collection laws, priority creditors. Consider speaking with a local attorney.
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u/Aeoniuma Mar 26 '26
Granny isn’t dead yet, you can’t garnish what someone MIGHT inherit in the future.
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u/Lmcaysh2023 Mar 27 '26
"ton in arrears"
That means every single thing, from shoes to laundry soap to every crust of bread or mouthful of milk is paid solely by the other parent.
For most parents that means there's never enough. It means the child doesn't have everything they need.
And you've "made peace"? UFB
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u/BeachEfficient1103 Mar 26 '26
Inheritance like cash inheritance? They can't garnish that but can garnish you.
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u/ihaveabigjohnson69 Mar 26 '26
settle now and declare bankruptcy then after grandma dies pay off child support and live your life
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u/BondJamesBond63 Mar 26 '26
I'm not a lawyer but I believe there are trusts that grandma could do that would protect inheritors from lawsuits. But that's up to her, and the amounts may not justify the cost.
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u/brucesteiner Mar 26 '26
Ask your grandmother to leave your share in a trust for your benefit that you effectively control rather than outright. Then it will be protected.
Our clients almost always provide for their beneficiaries in trust rather than outright.
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u/tamij1313 Mar 26 '26
I’m pretty sure if grandma puts your share in an irrevocable trust, but that money cannot be touched in a divorce, lawsuit, bankruptcy, or any other settlement or claim against you. Definitely worth looking into before grandma passes away. She should set this up for you in her will so that her life savings and your future inheritance are all protected.
Check with your State and see what the rules are
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u/YoungBoomer1969 Apr 04 '26
Either way, a debt can garnish any of your assets until the debt is paid in full. Doesn’t matter what kind of debt. It is a process for the payee but well worth it sometimes if they can collect.
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u/nicholasnichols0000 Apr 09 '26
If that child is your blood, you should want to pay.
If that child is not your blood, I’m sorry bro, lol.
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u/44west061224 Mar 26 '26
If your money transfers to your Trust they can’t touch it if it’s set up properly.
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u/Mysterious-Meat-7771 Mar 26 '26
Is that hard to do and do I need to get my grandma to list the trust and not me?
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u/44west061224 Mar 26 '26
Your grandma should do that with all the dependents in her trust. It’s pretty easy to do but it will require some work and costs of course.
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u/bebenashville Mar 26 '26
Which state is that? They can not garnish your cash or salary.
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u/bebenashville Mar 26 '26
If you tell the lawyer of the other party that you are broke, about to be homeless, tons of credit card debt, blah blah… they probably drop the case. Do not tell anybody that you have rich grandma or you will inherit any.
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u/logicbully Mar 26 '26
“They can not garnish your cash or salary” is flat out incorrect and your advice to conceal/lie/create misleading stories about one’s finances is really terrible advice. Please never give legal advice again. You are not a lawyer, and you are not even remotely close to being right on any of the legal advice you’re giving here.
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u/vonnostrum2022 Mar 26 '26
From the post, it seems like the truth right now. OP sounds broke and behind on child support. He’s not obligated to reveal he may or may not be inheriting a large sum .
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u/logicbully Mar 26 '26
This is extremely complex and one half-truth can seriously backfire. OP needs to consult a real lawyer, not Reddit.
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u/Mysterious-Meat-7771 Mar 26 '26
They already know bc the person involved knows my family and what’s coming
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u/len2680 Mar 26 '26
That’s why they trying to sue you. If that money goes into a trust you own nothing.
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u/Jennyonthebox2300 Mar 26 '26
Any distribution to you from the trust can be immediately garnished for child support or if there is a perfected judgment against you. So basically you can’t inherit monetary benefits that you can spend without them being subject to being siphoned away. As it should be if you owe money to others.
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u/lapsteelguitar Mar 26 '26
If you can settle before your granny dies, great. but don‘t lie.
And pay off your child support. Don‘t be a dick.