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Can we attach a lien??

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R

ROSSCO

Guest
What is the name of your state? KS

I have a question on my father’s estate in probate. He passed away 11/21/02. He had been hospitalized from June ’02 until he passed away. He had a pending divorce & foreclosure issues during the time of his illness & are still continuing. His divorce is final with property settlement issues pending. Dad’s lawyer told us that since the property issues were pending at the time of his death that his heirs (5 daughters) step in as for him. That we would be entitled to what he would have been entitled to in the property settlement & that us girls now own ½ of what they had together. I don’t see where the property settlement will be done very soon because of the ex-wife wanting to delay everything. The 4 months to submit claims to the estate runs out June 27th.

My question is: is there anything that the 5 of us girls can do to put a claim in for his homestead and personal belongings that haven’t been settled upon yet in the divorce? Would that protect us under the estate in case the property issues never get resolved or if they get resolved after the claim period closes?

We paid for the balance of his funeral & have submitted that claim. We heard that funeral bills are the first to be paid out of the estate??

My deceased dad & his ex wife own 3 rental properties & the homestead w/ 30 acres. Since the property settlement isn't completed yet- can us girls (daughters) attach some sort of lien to those properties to protect our interest in these properties until the divorce property settlement is completed??? They were in joint tenancy - but since the proerty issues aren't completed - does that make a difference?
 


HomeGuru

Senior Member
ROSSCO said:
What is the name of your state? KS

I have a question on my father’s estate in probate. He passed away 11/21/02. He had been hospitalized from June ’02 until he passed away. He had a pending divorce & foreclosure issues during the time of his illness & are still continuing. His divorce is final with property settlement issues pending. Dad’s lawyer told us that since the property issues were pending at the time of his death that his heirs (5 daughters) step in as for him. That we would be entitled to what he would have been entitled to in the property settlement & that us girls now own 1/2 of what they had together. I don’t see where the property settlement will be done very soon because of the ex-wife wanting to delay everything. The 4 months to submit claims to the estate runs out June 27th.

My question is: is there anything that the 5 of us girls can do to put a claim in for his homestead and personal belongings that haven’t been settled upon yet in the divorce? Would that protect us under the estate in case the property issues never get resolved or if they get resolved after the claim period closes?

We paid for the balance of his funeral & have submitted that claim. We heard that funeral bills are the first to be paid out of the estate??

My deceased dad & his ex wife own 3 rental properties & the homestead w/ 30 acres. Since the property settlement isn't completed yet- can us girls (daughters) attach some sort of lien to those properties to protect our interest in these properties until the divorce property settlement is completed??? They were in joint tenancy - but since the proerty issues aren't completed - does that make a difference?
**A: if all real property was in joint tenancy, then upon his death title automatically passes to the surviving tenant. Title and property interest issues may be complicated by the divorce and the foreclosure. Seek advice from an attorney as your case is too complex to deal with on this type of forum.
 

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