QUESTION

Can I put a lien on the home if the daughter of my friend who owed me money won’t pay me?

Asked on Apr 26th, 2013 on Bankruptcy - California
More details to this question:
My friend recently passed away and he owed me $1,600 for medication and food bills. His daughter was the only one in his will and got the home. She now refuses to pay me.
Report Abuse

4 ANSWERS

No. The only one who can place liens on property absent judgments are property owner's associations, tax liens or mechanics/material men. If someone owes you money, your remedy is to sue the person and recover a money judgment. The judgment will automatically become a lien on any real property once its entered. However, you state that the friend is the one who owed you the money. In that case, your remedy is to file a claim against the estate of your friend. If the claim is denied then you have 3 months to sue the estate. The friend's daughter does not have to pay you unless you do this properly. If no estate was probated, then you need to seek out a probate lawyer. Anyone can apply for probate of an estate. If you want your claim paid then you can be an administrator of the estate.
Answered on Apr 30th, 2013 at 2:41 AM

Report Abuse
Debt Collection Attorney serving Chicago, IL
2 Awards
Consult a probate lawyer. Act promptly because there are short deadlines. Do not take any action on your own.
Answered on Apr 30th, 2013 at 12:34 AM

Report Abuse
To have the ability to record a lien, you need to file a lawsuit and get a judgment.
Answered on Apr 29th, 2013 at 3:16 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
If you have evidence of the debt, it is a liability of the decedent's estate. There a to many undisclosed fax to allow the formation of opinion at this time. You should call him attorney and make an appointment.
Answered on Apr 29th, 2013 at 3:16 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters