Legal Question in Wills and Trusts in Wisconsin

My daughters boyfriends father was paying an attorney for services rendered, when he passed away. His house was left to his 2 sons. His sons were not aware of their fathers debt. About 3 years after probate closed, which was open for a year after the fathers death, the attorney sends a letter to the son saying he owed him money for his fathers legal fees. The son said no and this is the first I've heard of this. The attorney took the son to court to try to get probate reopened. The judge said no. The attorney wants $3500 and has threatened to put a lien on the house. Can he do that?


Asked on 4/24/14, 5:56 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Yes, any valid legal judgment in WI creates a lien upon real estate in any county in which it is docketed, and, it is also possible that you father granted the attorney a security interest to secure the legal fees, which would not be affected by the probate proceedings if it were a valid lien. Finally, if the house was in a living trust, responsibility for the predecessor trustee's debt would probably be spelled out in the trust. You need to retain an experienced probate attorney to review the facts and advise you.

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Answered on 4/26/14, 10:05 am


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