Santa Ana, CA asked in Real Estate Law and Collections for California

Q: Can I put lien on someone property who previously passed away? Lent about 10 grand for remodeling his home.

Made an agreement so he would pay back in payments until paid off, but sadly he passed away about 6 months ago about a month after he returned home. He had asked me to look over his house and property cause he had to go away for a few years. While away take care and look over the remodeling of his home. He was a good friend and I been watching over his property since then and his family have already came and took all his personal belongings as well as anything that was worth anything, but seems no one really cared about the property itself. I know he owed approx. 30 grand on back property taxes but house has been paid off. I lent him pretty much all I have saved up but I kbre he had no problem paying me back but now I'm stuck in this situation with out anything and anywhere to go. Was wondering if there was still away to get paid since it had been a while since he has passed or am I just going to have to take it as a loss.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: You can actually file a petition for probate and make a claim against the estate. That would be a viable option if the property itself is worth enough beyond the taxes owed. It is also possible to pursue the family members who took valuable items.

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