Lien satisfaction in will

[wenchris]

What is the name of your state? NH

My father’s second wife died in NH in 2023. Her will was written in NH. Her house is in NH. My dad was listed in the will as having a life estate (to use the house till he died). He used it for a short time then turned it over to her children. My dad passed this past July.

Her will states:
“If my spouse , survives me I direct my executor to deed this real estate to my two surviving children, subject to a life estate for MY Dad and further subject to a lien in the amount of exactly Sixty-one Thousand dollars (money my dad used to add on to her residence) in favor of my husbands four children.

I know the house was sold and went to closing mid March 2026. I would imagine that at the closing all lien’s would have to be satisfied before the son’s received any monies. My siblings and I to date have not received any checks. DO I get in contact with their lawyer or the executor her son. The son is extremely difficult and everything turns into a problem. I know he doesn’t want to give us what was owed to us but that is what we are owed. Is it too early to be concerned or should I wait a few more weeks. I know if I contact the lawyer he just wants me to have my lawyer call him. At this time I don’t need another bill.

Should I be concerned about any funny business going on?
What say you?
Thank you,
Jimmy from The Island Of Long NY

 

[zddoodah]

Her will states:
“If my spouse , survives me I direct my executor to deed this real estate to my two surviving children, subject to a life estate for MY Dad and further subject to a lien in the amount of exactly Sixty-one Thousand dollars (money my dad used to add on to her residence) in favor of my husbands four children.

Was a lien actually filed/recorded?

I know the house was sold and went to closing mid March 2026.

How do you know this? Was the purchaser related to your former stepmother or any of her children? Or was it an unrelated third party?

DO I get in contact with their lawyer or the executor her son.

Subject to your answers to my questions, I'd reach out to the executor of the estate and/or the executor's lawyer (I'm not sure what you mean by "their lawyer").

I would imagine that at the closing all lien’s would have to be satisfied before the son’s received any monies.

Not necessarily.

 

[wenchris]

1) Was a lien actually filed/recorded?
I don’t believe that the lien was recorded. The will went through probate.

2) How do you know this? Was the purchaser related to your former stepmother or any of her children? Or was it an unrelated third party?
This info was obtained online through the Real Estate website. It was a 3rd party according to a neighbor we keep in touch with.

3) Subject to your answers to my questions, I'd reach out to the executor of the estate and/or the executor's lawyer (I'm not sure what you mean by "their lawyer").
Their lawyer meaning the executor’s lawyer. Last time I inquired about something to the executor’s lawyer I was told to have your lawyer contact us.
Thank you Jimmy

 

[adjusterjack]

What say you?

Those people aren't giving you and your siblings any money no matter who you talk to.

Last time I inquired about something to the executor’s lawyer I was told to have your lawyer contact us.

Lawyers don't talk to people who have lawyers.

Talk to your own lawyer and find out if he thinks that phrase in the will is enforceable and how much it would cost to litigate. I'm guessing tens of thousands.

I don’t need another bill.

Then don't count on seeing any money from that estate.

 

[AlmostThere]

Have you asked the executor about the status of the estate?

 

[zddoodah]

1) Was a lien actually filed/recorded?
I don’t believe that the lien was recorded. The will went through probate.


Thank you Jimmy

If no lien was recorded, then your statement that, "at the closing[,] all lien’s [sic] would have to be satisfied before the son’s [sic] received any monies" is not accurate. Only liens of record would need to be satisfied.

Also, my name isn't Jimmy, but you're welcome.

 

[wenchris]

Z…… lol
Hey all,
I called and spoke with executor today and it went very well. Check from closing went to estate lawyer and all monies will be paid out when approved by the probate court. He actually called me back after speaking with estate lawyers paralegal today and they said that last time it took three months to hear back from the court. Said hang in there it’s coming.
Once again Thank you!
Jimmy