lien angainst property

[bogenevaj]

What is the name of your state? Alabama
My father died May27, 2005. There is no will to be probated and he had a survivorship deed which left his wife with the house. When he died, I called and asked his wife if she wanted to make funeral arrangements and she said for me to handle it. Needless to say, the stepmother and I don't and never have gotten along with each other in the 21 years of marriage to my father. I paid for the funeral,$8750.00 to the funeral home. She does not want to pay any part of the funeral costs back to me and my question is can I take her to small claims court for the cost of half of the funeral and if so what are my chances of winning the case? If I win the case and she doesn't pay, can I file a lien against the home?
Sincerely,
bogenevaj

 

[racer72]

What proof do you have that says she will pay half of the funeral costs? Based on your post alone, you have no claim, you never state she would help with the funeral costs. At this point I rate your chances of winning as pretty slim. If you do win, come back and we will discuss a property lein.

 

[JETX]

She does not want to pay any part of the funeral costs back to me

Your post makes no mention of any agreement or promise for her to pay. And without that, there is no obligation for her to pay anything.

and my question is can I take her to small claims court for the cost of half of the funeral

Of course you can take her to court. After all, anyone can sue almost anyone else over almost anything.

and if so what are my chances of winning the case?

Between VERY slim.... and none.

If I win the case and she doesn't pay, can I file a lien against the home?

If you get a judgment against her, filing a lien is one of the 'tools' you can use to enforce the judgment.