Legal Question in Real Estate Law in Florida

Title search outcome for lien filed in Probate
Facts:
1. My contract stated, ''In the event that we withdraw from your representation ... any costs,fees, and interest which you are obligated to pay will be due and payable immediately... and by a charging lien upon any property subsequently received.
2. My deceased husband's property deed (homestead property purchased prior to marriage) was quit-claim deeded to me two years after his death.
3. I discharged my attorneys representing me as surviving spouse when it was suspected that they were not aggressively representing my rights (i.e., no petition for elective share was filed on my behalf, and they resisted filing for family allowance)
4. Upon going our separate ways, my attorney placed a charging lien on the property (homestead) and filed it in the Probate court.

Now, I can no longer financially carry the property and must sell. The questions are as follows:

Will this lien show up in the typical title search when the property is put up for sale, if the lien was filed in Probate court?

Is it true (an attorney already advised me) that because the property was deeded to me before the lien attached, the lien will not reach the property?

Thank you for your help.

Asked on 2/07/04, 2:57 pm

David Slater David P. Slater, Esq.

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0 attorneys agreed

Re: Title search outcome for lien filed in Probate

1. It should

2. No.

Since they did not withdraw but were discharged

you may ask the court to have the lien discharged. You may also try to settle their claim.

Answered on 2/07/04, 5:26 pm

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