Q: How do I file a lien against the sale of my deceased mother's home before it is sold by my siblings.
1. The house is in Jardines de Country Club in Carolina, Puerto Rico, 4 bedrooms, 3 baths, needs work and may be estimated to be worth an estimated +/- $150,000.
2. My siblings have cut me out of communications regarding my mother so this is why I believe placing a lien on the house would force them to let me know when and for how much the house is sold, and how the monies will be divided among the 7 siblings.
3. I live in Connecticut, my siblings are spread out throughout Florida, Colorado, New York and only 2 live in Puerto Rico.
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A:
To file a lien against the sale of your deceased mother’s home in Puerto Rico, you would need to establish your legal right to a share of the property or the estate. Since you believe your siblings are excluding you from communications and possibly from any proceeds, you should start by confirming whether you are listed as an heir in the probate process. This can be done through the court handling your mother's estate in Puerto Rico. You may need to request access to the probate records to see if there has been a will filed or if the estate is being managed under Puerto Rico’s intestacy laws.
If you are confirmed as an heir, you can file a "Notice of Lis Pendens," a legal document that warns potential buyers that there is a dispute involving the property. This would effectively put a lien on the property, which means the property cannot be sold without addressing your claim. To do this, you would need to file the appropriate paperwork with the property registrar in Puerto Rico and possibly provide proof of your interest or claim.
It might be beneficial to consult with an attorney familiar with Puerto Rican probate and real estate law to ensure you follow the correct procedures and protect your rights. This attorney could help you file the necessary documents, represent you in negotiations with your siblings, and ensure you are informed about any actions involving the sale or division of the property. Taking these steps should help you secure your share of the inheritance and maintain transparency regarding the property's sale and distribution.
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