Legal Question in Wills and Trusts in California

Can I file a lein against an inheiritance?

My mother signed a contract with me that any monies that are imposed upon me for charges, services etc. by a third party OR any of MY time, money and services that I charge her may and will be paid to me through her inheiritance (before she recieves it)if I am unable to get paid from the sale of her house(she will not have enough to pay her creditors).

The trustee (my uncle) of the trust agrees that I should send a bill to him with a copy of the contract and he will pay it.

The amount of my bill is under 10K and she is due to recieve 250K.

She will contest my invoice. Is there anything mote I need to do? The trust / inheiritance are not in effect yet.

Thank You


Asked on 8/06/07, 7:01 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Can I file a lein against an inheiritance?

Your uncle is right. You may have to sue the estate when it receives the 250k. No prior lien can be perfected. Be prepared for the argument that your mother signed the contract under duress, undue influence, or that she lacked capacity to contract at the time.

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Answered on 8/08/07, 10:03 pm


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