Legal Question in Civil Litigation in New York
Recovery of furniture and investment
In NY, my mother lived with her companion. He had a house but not much money. My mother paid to have a lot of work done on his house approximately $23,000 worth of repairs. She bought and paid for a lot of furniture and a refrigerator. My mother and companion lived together in his house for 4 years and it was their primary residence. The companion recently passed away. His legal will which has not even been presented for probate leaves everything to his daughter who is penniless. Before my mother could get back to the house, the daughter moved in and changed the locks and when my mother asked for her furniture and fridge back, the daughter refused. My Mom has her receipts and credit card statements that show she paid for the furniture and she has deposits to an account and cancelled checks. We want to put a lien on the house, so if it is sold my mother will get some of her money back. Also, my mother wants her furniture and refrigerator back. So far, 2 lawyers refuse to take the case. Can we initiate the process of getting a lien without a lawyer? How do we do that? What do you recommend? Any ideas how she can get her stuff back? By the way, she was able to go in and get her clothes and personal things but that's it.
1 Answer from Attorneys
Re: Recovery of furniture and investment
The short answer on the lien is no. However, there are other avenues for relief that are available to your mother. She may have a suit for recovery of personal property (the furniture etc.) and recovery of a personal loan (the credit card and other payments for home improvements) that may (again, may) be placed as a lien against the former companion's estate and perhaps holding the administrator of his estate liable for failing to pay all debits out of available estate assets. Finally, visit the court�s website (New York State Unified Courts) for more information on how you mom can file pro se or call my office.