Legal Question in Wills and Trusts in California
lein
I would like to file a lein to a persons estate. He passed away 1 wk ago and he owes me over $100,000. How do I go about doing this? Is there a time period to do this??
4 Answers from Attorneys
Re: lein
Are there sufficient assets in the deceased person's estate to pay your judgment or portion thereof?
You should find out whether a probate is being filed, contact relatives, deceased's attorney, etc. If probate has been filed you will need to file a creditor's claim within a short
Re: lein
Yes. If there is a probate, you file a claim in that probate. If the decedent's property is in trust, you present your claim to the trustee. If the decedent owned real estate, check the title at the county recorder's office. If there is a trust, the title will reflect that fact, and there probably will be a Certificate or Abstract of Trust recorded that will disclose the name and address of the successor trustee.
If you want to better understand these things for yourself, you might get my book on the subject, written for lay persons. It is available online at one of my websites, www.yourlivinglegacy.info.
Don't sit on your rights. If you wait to long you may lose your rights.
Re: lein
Mitchell Roth said it very well. You need to file a creditor's claim if probate has commenced or submit your claim to the trustee.
If you need further assistance, I suggest that you contact an attorney either where you live or where the person died.
Good luck,
Sincerely,
Kai H. Wessels, Esq.
(tel: 877-wessels)
This response is provided for informational purposes only, and is not intended to be be relied upon as legal advice.
Re: lein
You are going to have to file a claim on the person's estate. This can be a complicated procedure, and there is a lot of money at stake, so I would suggest that you contact a lawyer. Your time deadlines are very tight -- you may have less than four months to act, depending on the situation. Please contact me if you would like to discuss this further.