QUESTION
If the estate is now going through probate, should I file a lien against it since she hasn’t paid me for cleaning the property?
Asked on Dec 12th, 2012 on Estate Planning - Michigan
More details to this question:
My uncle passed away and left his house to his daughter in his will. I lived across the street from the property and she hired me to keep the yard mowed and clean according to our City Code. I have emails between her and I where she agreed to pay me. She has not paid any of the money.
16 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Submit a bill to the estate, and if you can, lien the property.
Answered on Dec 18th, 2012 at 8:28 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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You should file a claim against the estate. That does not guarantee payment (if the estate does not have sufficient assets), but it is the only way to avoid your claim being barred. There is more to claims and estates than a simple answer can convey. You should speak with a probate attorney about this.
Answered on Dec 17th, 2012 at 9:57 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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File a creditors claim immediately for the sums of money you have not been paid. Don't let her get away with this conduct.
Answered on Dec 17th, 2012 at 4:05 AM
You should be paid as a priority administrative expense in the probate. Contact the attorney for the personal representative and they will make sure you get paid.
Answered on Dec 17th, 2012 at 2:19 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, you can file a claim against the estate. If the Personal Representative denies the claim, then you would need to file a lawsuit against the estate within 63 days, or your claim would be barred.
Answered on Dec 14th, 2012 at 9:36 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You should file a creditor's claim with the probate court. The California Judicial Council has published a form that you must use to present your claim. If you cannot find the form on line, then you can get a copy at the Superior Court Clerk's office where all the probate matters are handled.
Answered on Dec 14th, 2012 at 12:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There is an issue as to whether she hired you as the personal representative or the owner of the property. If as the personal representative, then yes, file a claim against the estate. You could file anyway and have the personal representative challenge the claim. It sounds like the daughter may have personal liability as well.
Answered on Dec 14th, 2012 at 12:24 PM
Yes, you have to file a claim or your right to be paid may be lost.
Answered on Dec 14th, 2012 at 12:24 PM
Shadi Ala'i AlaiShaffer
Absolutely. You need to file a creditors claim ASAP in probate court. There is a limited period in which you can file so make sure you get your claim filed before its too late.
Answered on Dec 14th, 2012 at 12:24 PM
Yes, you should file a claim in the estate. You should consult a probate attorney to assist you with the proper forms.
Answered on Dec 14th, 2012 at 12:23 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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You have 6 months from the date of death to file a claim against the estate for services rendered prior to death. You also may file a claim against the estate for services rendered to the estate after death.
Answered on Dec 14th, 2012 at 12:23 PM
General Civil Trial Practice Attorney serving Oklahoma City, OK
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Denker & Associates, PLLC
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In addition to filing a lien against the real property, you should also file a claim form with the personal representative of the estate. But do so soon, there are statutory time limits for both filings.
Answered on Dec 14th, 2012 at 11:30 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You need to file a claim against the estate. This should be done in writing and should be filed with the probate court handling the estate; a copy should be sent to the personal representative (executor) and the attorney representing the estate. The claim needs to be filed within 6 months of the date of issuance of Letters Testamentary.
Answered on Dec 14th, 2012 at 11:29 AM
Tell her you will file a claim if she does not pay you to see if this will get you the money. Otherwise, file the claim.
Answered on Dec 14th, 2012 at 11:28 AM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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Yes, file a claim with the personal representative.
Answered on Dec 14th, 2012 at 11:28 AM
The suggestion in your question is that your uncle's daughter is the administrator of the estate. If so, you would have a claim against the estate - subject to its timely filing with the probate court. If she is not the administrator, you would have a claim against her personally.
Answered on Dec 14th, 2012 at 11:28 AM