Notice of claim against estate-can it be a lien on real property?

[kbat]

What is the name of your state? NY
My father passed away in December '04. My brother and I are both co-administrators and have retained a very hard to deal with attorney - to put it nicely. I received in the mail the other day from his office a Notice of claim against estate of decedent papers that were filed with the surrogates court. The attorney is claiming that this claim isn't against the estate by a lien on my father's real property. The claim is for a credit card debt that we have been battling. Yes, the debt is legit and I have spokent to the firm handling the account but the attorney was somehow making settlement arrangements without our consent even before we signed the retainer agreement. I've told the firm (handling cc) that the debt will be satisfied when all debts are satisfied so we are not denying it's a valid debt. We do have money in the estate account. A family friend was nice enough to give us the life insurance money that was left to her to the estate and my father had stocks. Yes, there's money but that's not the point. I didn't pay this debt because at the time when the attorney made said arrangements we didn't have any money and weren't sure when we would. The closing of the property is supposedily taking place this month. The attorney states that we need to satisfy this debt before closing...how do I find out the truth? Can I call the surrogates court to see if this claim is really a lien. I don't trust this attorney (had to fight with brother about signing the retainer)...please help.

[kbat]

Isn't there any advise out there????? - Lots of viewing going on. I've noticed that I'm not the only one waiting for some helpful advise.

[alienlady1785]

I am not an attorney and I live in Florida.

BUT...I am selling my property and way before the closing on any piece of property, there is always a TITLE SEARCH done, usually by the "purchaser."
If there are any LIENS on that property...ALL of them will show up on a title search.

Can you get in touch with the purchasers attorney and ask for a COPY of what the TITLE search turned up?

Explain to him as nicely as you can that your attorney is treating you like a little mushroom, keeping you in the dark and feeding you B.S.

You have a right to know what that title search turned up and what you legally have to pay, WAY before the closing. You cannot trust this attorney, obviously and you don't get a second chance after he screws you out of your money.

Get a copy of that title search.... asap. You might even ask him for it and see if he gives you a run around or feeds you more B.S.

Fax machines work just great... ask for a fax of it asap. Have it sent to a friend or KINKO's Copies or any Major copy store if you don't have a fax machine.

Your dad's debts get satisfied AT the closing if that is your wishes. Many people are left with no money in the estate and property is sold to satisfy the debts. It is none of their business IF there is money in the Estate.

You did not mention if this attorney told you you have to sell your dads property, if it is being sold to divey up between siblings or what. I hope you are not getting snowed into selling something that may not have to be sold to settle debts or anything if there is enough money in the estate to cover his few debts he left behind.

If I am wrong... then let's hear from one of the EXPERTS.

Isn't it funny how some questions get ignored at this forum?

[kbat]

Thank you so much for your input - nice to know that someone is willing to give some help. I have asked the attorney's office to fax me a copy of the title with no luck. I'm not understand what the big deal is. Of course now he's saying that one of us (my brother or I) needs to travel to NY (I live in GA and my brother lives in NC) for this closing next week. Back in January he told us we didn't have to be there. All of nonsense, isn't giving me a chance to heal.

We decided on selling Dad's property - neither one of us is interested in moving back to NY.