Does a person who has a pending wrongful death lawsuit have to set aside a conveyance under fraudulent transfer principles?

California, United States of America


The following excerpt is from Vaca v. Vilkin, D068216 (Cal. App. 2016):

1. Indeed, the judgment below ordered the conveyance set aside as a fraudulent conveyance before Plaintiffs obtained a judgment in the underlying wrongful death lawsuit. However, it appears a person with a pending lawsuit need not await a judgment in that lawsuit before moving to set aside a conveyance under fraudulent transfer principles. (See generally Cortez v. Vogt (1997) 52 Cal.App.4th 917, 930-932.) We need not definitively address that issue because Tamara does not challenge on appeal that part of the judgment setting aside the quitclaim deed as a fraudulent transfer.

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