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How do I file a property lien. Can I file it or do I need an attorney.
I am involved with heir property and have taken care of the property since the owner died. Can I file a lien on the property so that I can be repaid for the out of pocket expense incurred?
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Let me get this straight, the owner died and you have been taking care of the property for the heir? Were you asked to do this? Do you have anything in writing about it?
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You will have to sue the hier, for the money they owe you for the work you have done. You will show by some verbal or written contract you were hired to do this job and what the money was to be.
Why are they not paying you ? After you win a judgement, you can do various things to collect your money. |
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The owner of the property was a relative who lived in another state. She died without a will in the state where she lived. I actually have the deed. She has a son who lives out of state. He has a non relative guardian because of severe disabilities. I have a notarized letter signed by the guardian that I am to receive reimbursement for any out of pocket money spent to care for the property. I have paid insurance and tax's for over 10 years and all maintnance and upkeep. I'm getting up in age (70) and wonder what I need to do about this property. The son is also in his 70's. Except for my brother he has no other living relatives. If we decide to sell it how do I protect the money to make sure it's used for his care?
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The proceeds from the sale should go into a trust to insure its used for his benefit. The guardian would be the administrator of that trust.
When you say you "have the deed" do you mean a copy of the deed or that the deed is in your name? If its not in your name, then you would want to file a lien against it. Does the document state that you will be reimbursed from the sale of the property or as you go along? If it specifies at the sale, you should be able to take that document to the court and file a lien without a suit. Another thing I'm wondering is why you haven't sold it in 10 years? I would imagine cashing out and investing the proceeds would have done the heir more good then letting the property sit costing money. |
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