Legal Question in Real Estate Law in New York

Re: Lien on residential dwelling

I need more information. In particular:

1. When did your son pass away?

2. How exactly is the deed written to your son and daughter (Joint Tenants) or (Tenants in Common)?

3. When exactly was the lien placed againt the property? And, was the lien placed against the property before or after the son died?

Mike.

Re: Lien on residential dwelling

Since your son was an owner of the house while receiving the medical treatment, it appears that whoever rendered the services did not do it for free and must have brought a suit against him for the fees. Not having been paid, any judgment obtained would become a lien against any assets of your son, which would include his interest in the house. You do not say what the house is worth and what type of interest your son had in it before he passed away. Depending upon how he and your daughter held title, the lien may or may not be valid against the interest in the house. You should have an attorney familiar with real estate law in NY look into this for your daughter. It may be possible the lien will not apply to the house, but this has to be checked.