Chicago, IL asked in Consumer Law, Real Estate Law and Estate Planning for Illinois

Q: Can they put a lien on my moms house over my deceased dads debt that she didnt agree to?

My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a lien on property. My mom didnt agree to the roofing and the bill is under my dads name. My moms hasnt paid mortgage since he passed because we cant afford it. So we will eve tually even get evicted. Can these roofers put a lien on a house over a debt that my moms didnt even agree to/ after dad passed? We dont own the house the bank does. Also there was no estate land or assets. We werent left anything

2 Lawyer Answers
Robert Shipley
Robert Shipley
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: I am assuming that the home was owned jointly by your mother and father. That being the case, if the contractor completed the work, if they choose they can record a lien for the value of the work which has not been paid.

Charles E. Hutchinson agrees with this answer

Charles E. Hutchinson
Charles E. Hutchinson
Answered
  • Estate Planning Lawyer
  • Wilmette, IL
  • Licensed in Illinois

A: Yes they can. I agree with Robert. In short, the roofer did work on the house. You mother, living there, is benefiting from the work done. The roofer has a valid claim and can put a lien on the home.

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