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mwhop · Jul 15, 2011, 11:33 AM

Can I and how do I file a lien against an estate in Kansas?
This is what happened, I gave a lone to a friend in financial distress when his mother passed away, and the loan was to pay real-estate taxes, catch up the mortgage. I deposited a check into the late mothers account for $38K, and change. I made the agreement with the son who was supposed to inherit the estate, and he agreed to pay me back when the hose finished probate. Now the siblings are contesting the will and it appears that the estate will be divided.
It has now been close to 1 year and 9 months since I deposited the check into the mother's account that was a few weeks after her death. The estate is located in Kansas.

AK lawyer · Jul 15, 2011, 04:05 PM

Originally Posted by mwhop

Can I and how do I file a lien against an estate in kansas?
This is what happened, I gave a lone to a friend in financial distress when his mother passed away, and the loan was to pay real-estate taxes, catch up the mortgage. I deposited a check into the late mothers account for $38K, and change. I made the agreement with the son who was supposed to inherit the estate, and he agreed to pay me back when the hose finished probate. Now the siblings are contesting the will and it appears that the estate will be divided.
It has now been close to 1 year and 9 months since I deposited the check into the motherâ€™s account that was a few weeks after her death. The estate is located in Kansas.

You write a check for $38,000 and didn't have a couple hundred bucks to first check with an attorney, who could have protected your investment?

One doesn't normally file a lien against an estate, one files a claim with the personal representative. The window of opportunity to file such a claim may be closing soon, so go out and find an attorney before it's too late.

It doesn't matter whether there is agreement as to the will or not. The estate owns the house and it aught to pay you what it owes you. First, go to the courthouse and read the entire probate file. Then ask the court to order that the house be sold and that you be paid from the proceeds.

ScottGem · Jul 15, 2011, 04:11 PM

First you have to establish your claim. Do you have anything in writing about this agreement? What you probably need to do is file a claim against the estate for the amount you advanced. However, if your agreement was with the son, you may have no legal claim against the estate. You may have to file suit against the son and them you may be able to place a lien against his share of the estate.

Fr_Chuck · Jul 15, 2011, 06:08 PM

I am not sure you have a claim against the estate. You will have a claim against the son who your agreement was with.
The legal administator of the estate did not make any legal agreement, It may be determined a gift to the estate.

And the estate did not have any money ? If no, why did you think it would latter ?

Sorry but something sounds so fishy with the story

AK lawyer · Jul 15, 2011, 09:08 PM

Originally Posted by Fr_Chuck

... And the estate did not have any money ? if no, why did you think it would latter ?

Sorry but something sounds so fishy with the story

Good point. OP said "... he agreed to pay me back when the hose finished probate ...", but as you say, that doesn't make sense. Unless there was an expectation of additional funds to be paid by the estate to the friend, the distribution out of probate wouldn't generate any funds.

And in any event, the tax and mortgage payments should have been made by the estate, not the friend of the OP/ son of the decedent. If the estate had no liquid assets to pay these expenses, it should have borrowed the money using the home as security.

In any event, assuming the home is the only major asset of the estate, it looks like the home will have to be sold. And if it wasn't the only major asset, what was the crisis? It looks like the "friend" might have pulled one over on OP.