QUESTION
Is there a limit or expiration on the amount of time as to when the actual lawsuit must be filed in the governing state?
Asked on May 27th, 2014 on Estate Planning - Nevada
More details to this question:
Lis pen dens filed in 12/2013 by an attorney. This lawsuit alleges that an estate trustee is acting illegally by the prior trustee that was fired by the decedent. This is holding up the sale of a property. My clients are the buyers and I feel I am not getting a straight answer from this trustee.
6 ANSWERS
Probate Attorney serving San Diego, CA
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The Law Firm of Steven M. Green
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Lawsuit probably filed in order for Lis Pen Dens to exist.
Answered on Jun 04th, 2014 at 6:35 PM
3 Awards
If the Trust is under court supervision then it may be handled there. There must be an open case to have a filed lis pendens. You may want to speak with counsel to address the options and timing.
Answered on May 29th, 2014 at 6:51 PM
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Your question is not clear. There is no time limit but the buyer can file a action to enforce the contract instead of waiting around for other things to happen. I would have an attorney call the attorney who filed the lis pendens and find out how to clear it.
Answered on May 29th, 2014 at 6:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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It appears you or the seller of the property will have to file a petition to clear the title to the property of the claims of the various trustees. I am assuming there is a trust in place, only the trustee has the power to act on behalf of the trust. However, here you are apparently caught between the claims of trustees as to who holds the legal power of the trust. I suggest you obtain the services of a probate trust litigation lawyer.
Answered on May 29th, 2014 at 6:51 PM
Edwin K. Niles
Lis pendens literally means "litigation pending." That means that the lawsuit has already been filed. The notice of lis pendens should have the case number and title of the suit.
Answered on May 29th, 2014 at 6:51 PM
Lis pendens means ?litigation pending? and one should be recorded only if a lawsuit has actually been filed. In other words, it is not proper to record a lis pendens unless a lawsuit has been filed which concerns the rightful title to the real property.
Answered on May 29th, 2014 at 6:51 PM