> Discuss Your Legal Issue > Ask a Lawyer > Real Estate > lien on property after death

lien on property after death

1 Answers. Asked on Jul 02nd, 2017 on Real Estate - California
More details to this question:
If the deed to a property is "community property" between a married couple ...with right to surviorship and one person dies, can a lien be put on the property for a contract that was between the deceased and said contract holder, even if the equipment in the contract is surrendered back to the contract holder? If the surviving spouse was is no way a part of said contract? And does the deed automatically transfer to the surviving spouse?
Answers Showing 1 out of 1
Answered on Jul 05th, 2017 at 9:48 AM

In California, the basic rule is that if the creditor's lien was recorded AFTER your spouse passed, then you already owned the house, her interest already had passed to you, and there was nothing for the lien to attach to. However, if the equipment and the equipment contract were for personal, family or household use, then it MIGHT be a community debt, and you might be liable for it. 

There are a lot of facts that need to be filled in and a lot of questions your lawyer is going to need to ask. She or he will need to read the contract, need to know what the equipment was and what it was used for, whether you had a prenuptial agreement or a living trust, where did the money come from to pay the lease charges, where was the equipment kept, on what policy was it insured, and the answers to each of those might raise more questions.

If the amount is modest, it's worth a letter ot the creditor. If that doesn't work, then maybe pay a lawyer to write a letter. And then try to negotiate a settlement. Remember the lawyer is getting one-third. If he can make that without having done any work or spent any money on court filing fees and other expenses, he might recommend a low settlement. Right before trial, there will be pressure on both sides to settle. Why not do that now and save the legal fees?

If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.

Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.

Dana Sack




Report Abuse
Real Estate
Real estate attorneys can help individuals, families and small business with all property-related legal issues. Buyers and sellers of residential and commercial real estate should work with an attorney to negotiate the terms of agreement; draft and review the contract; review related paperwork (such as loan agreements); clear existing liens on a property; and attend the closing. Lawyers can also assist property owners with addressing zoning/rezoning issues and appealing property tax assessment. Landlords and tenants should work with real estate law firms to draft and review lease agreement, handle eviction proceedings and resolve landlord-tenant disputes.
Have an Real Estate Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

328 Answers, 20 Legal Topics

Patrick Johnson

Attorney - Tennessee

242 Answers, 45 Legal Topics

Michael D. Siegel

Attorney - New York

163 Answers, 24 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

107 Answers, 19 Legal Topics

Lori Nevias

Attorney - New York

83 Answers, 37 Legal Topics

Edward J. Dimon

Attorney - New Jersey

80 Answers, 19 Legal Topics

Bruce Robins

Attorney - New York

77 Answers, 8 Legal Topics

Real Estate Local Law Firms  
In United States change location
Please select state Update
Do It Yourself Legal Forms

Popular Forums