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Lien on an Estate

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jackjohnson

Junior Member
Maryland

A credit card company has put a lien on my mother's estate. The lien was attached to the estate AFTER it had already cleared probate. A lawyer in Maryland filed the appropriate documents, placed notice in the newspaper etc.

I live in Ohio so I'm not sure about some of the details. Sorry. My father has the letter from the credit card company so I'm not sure of the details since I just heard about this a few minutes ago from my sister.

FYI: My mother didn't have enough money to satisfy her debts. All of the debts, except the one mentioned above, were paid by us, the children.

If you need more information to give an accurate answer, please let me know.

My questions are:

What happens when a lien is attached after probate is completed?

How can the lien be removed?

Thank you in advance. I appreciate any positive information you can offer.
 


tranquility

Senior Member
The lien was attached to the estate AFTER it had already cleared probate.
After it cleared probate or after it has been distributed? Facts, rather than conclusions, would be nice.

FYI: My mother didn't have enough money to satisfy her debts. All of the debts, except the one mentioned above, were paid by us, the children.
Then, it seems unlikely anything should have been distributed to heirs in probate.

What happens when a lien is attached after probate is completed?
It depends on the facts.

How can the lien be removed?
It depends on the facts.
 

jackjohnson

Junior Member
more information

Thank you for your response.

The estate had already cleared probate and been distributed. The credit card company waited until probate had closed or cleared and the judge wouldn't allow their claim.

The debts were 36,000. She had 8,000 in the bank. All of the debts except the remaining 2,000 were paid by combination of the children and the estate.

There is still 1,000 in some account that my father recently found. The credit card company put the lien on the recently found money.

The credit card company waited until about 11 months after her death to submit a claim only after probate had already been cleared. Hopefully, i've answered your questions with facts.

Back to the original questions: What happens when a lien is attached after probate is cleared? How can the lien be removed?

Again, if you need more information, I will try to get it ASAP. Thank you again in advance.

Happy Holidays
 

tranquility

Senior Member
What are you talking about? What did they put a lien on?

If the estate has nothing, why do you care? Close the estate and let the creditors cook in their own pudding.
 

jackjohnson

Junior Member
They put a lien on another account my father discovered. He wants the money (1,000). That's the point.

At this point, I'm not sure what else to say. If you have a suggestion, please offer it. If not, thanks anyway.
 

tranquility

Senior Member
If the money was later discovered, it had not cleared probate yet. It seems like the debt is owed by the estate and the debts were not paid. The money belongs to them, not father. Pay them.
 

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