Q: If siblings can't buy each other out, can a lien be put on the property by a sibling wanting to get off the TOD title?
Properties were titled on death to siblings. Of the siblings on the title, most want to keep the property/not sell. The other wants off the title. A buyout is not possible at this time. Sibling wanting off the title and doesn't want to stand in the way of other siblings keeping property but wants to not lose possible inheritance. (1) Can a lien be used as a placeholder to guarantee payment of share of property if it is ever sold? (2) Does it get the sibling's name off of the title that wants to be off and just add the lien? (3) Can any of this be done with e-filing to courthouses in Indiana? (4) What kind of an attorney is needed or can this be done without an attorney?
A: Most liens must be generated from a judgment. Hire an IN attorney to prosecute a Partition Action, as without agreed conveyances a forced sale is usually the only solution.
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.
