Legal Question in Civil Litigation in Washington

leins against estates

i have lived with my mother in law taking care of her for over 2 years can i put a lein on her estate for repayment of rent i paid in 2 year times?


Asked on 4/30/07, 5:17 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: leins against estates

A lien is what a worker places on real property to secure the payment of services done for the real property, not for a resident of the real property.

What you may be thinking of is a creditor's claim on her estate. But in the absence of a will leaving you a bequest or gift, it would be hard to understand the basis for your claim. If you paid rent for her while she was alive, the court will presume that you intended this as a gift, with no strings, unless she left a will stating you should be compensated from her estate.

Is there a PR? Do you know who it is? Can you call them or write and explain why you think you should be compensated?

Is she still alive, and if so, is she still competent? Can you talk to her about it? Is your spouse due something under her estate plan?

I'd need to know more facts to formulate a more helpful response, but unless you improved real property she owned (or owns) and have not been paid for it, then no, a lien is not the correct mechanism.

There's a statute that awards attorney fees for the effort required to release improper liens, so you might want to tread gently.

Hope this helps. Elizabeth Powell

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Answered on 5/01/07, 12:51 am


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