Legal Question in Wills and Trusts in California

Estate Lien

How do you lien an estate in probate?


Asked on 6/05/00, 4:09 pm

3 Answers from Attorneys

Re: Estate Lien

I assume that by "lien" you mean that you have a claim against the decedent (dead person). In California, you must file a creditor's claim within a certain amount of time. Thus, it is important that you act in a timely fashion. Additionally, you have the regular statute of limitations period that must be observed. You should consult with an attorney as soon as possible.

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Answered on 7/25/00, 1:01 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Estate Lien

For claims against the estate, you need to file a "creditor claim" form with the court, and this must usually be done within four months from the time probate is opened and the executor/administrator is appointed.

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Answered on 7/26/00, 1:17 pm
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Estate Lien

If you mean a lien on a beneficiary to an estate you need to get a charging order against the beneficiary's interest.

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Answered on 7/25/00, 12:35 pm


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