Q: What type of lien can be filed to stop someone from selling an estate that's not rightfully theirs to sell or even have?
My deceased father was frauded and coerced into changing his will and taking my sister and I out of it completely, by a guy that popped up in my dad's life at the end, when he was incredibly sick and going through chemotherapy. My family, my sister, his neighbors nor I have even ever heard of this man until I went to claim his property and was told that it was claimed by this guy because he was the beneficiary. I am appalled by this because last I spoke to my father; he never mentioned him changing the will. I spoke to him days before he died, and he told me he felt like he was being watched but couldn't explain it, and that he had an unsettling feeling when he was home alone. Now I've never heard that out of his mouth in my lifetime. So, when I went to the Recorder of Deeds, they told me that I could file a lien so I could stop/slow down the process of this guy from trying to sell my dad's house. I'd like to know what type of lien I can file to do get my dads home back?
A:
You mention that your father was defrauded into changing his Will. If someone attempts to probate the Will, you are entitled to contest it in the Probate Court. Based upon what you've stated, it seems that you have a good case to contest the fraudulent will.
It also sounds as though the person you mentioned might already have title to your father's home. You can file suite to set aside a deed obtained by fraud.
In any event, you need to consult an attorney immediately. I'm not sure how long it's been since these events occurred but these things are time-sensitive and you may be out-of-luck if you wait too long to obtain legal representation.
Tim Akpinar agrees with this answer
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