Legal Question in Real Estate Law in Florida

legitiamcy of charging lien
Is a ''Notice of Charging Lien'' placed on a homestead property by an attorney legitimate if there was no judgment prior to the lien being placed?

The charging lien originated from a probate case (I am the surviving spouse)which can be best described as mismanaged. Seven years after my husband's death (estate still in probate, and milked of all funds, $42,000 0f the total value estimated to be $52,000, went to the Estate attorney, and I incurred a bill of $23,000 from my personal attorney).

If the lien is legitimate I need to know where to look for this lien: Public records, title of property, probate file?

Once again is it true that a judge should have decided whether the attorney was entitled to all the fees he claimed before the lien was placed? This is especially noteworthy since I received nothing as the surviving spouse except entitlement to the homestead property.

thank you for your help with this query.

Asked on 4/27/03, 5:21 pm

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: legitiamcy of charging lien

The lien cannot be enforced upon homestead property. You should consult with another atty to be sure your interestds are properly protected.

Answered on 4/27/03, 5:30 pm

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