Sunnyvale, CA asked in Real Estate Law for Alabama

Q: We are trying to sell a property we inherited from our parents, but an old estate claim has shown up.

The claim is from 1991, and is based on an old lawsuit over ownership of a CD. The person making the claim lost in court, but then filed the estate claim in the amount of the CD. There was never a judgement in her favor, so how can there be a lien on the property? Thank you.

Related Topics:
1 Lawyer Answer

A: If the person who filed the claim lost in court, they do not have a claim on the estate. Some detailed facts would help here. Is the estate closed? IF not, you should move the probate court to disallow the claim. If there is no estate, and the person simply filed a lien against the property based on the lost lawsuit, you should first see if the lien is still valid. Many liens must be themselves reduced to a lawsuit to continue to be effective. This one would not under your facts because the earlier lawsuit said that the person making the claim did not have any right to the funds. You need to use the system to clean up the title here. You should consult a lawyer in your county who does this kind of work.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.