Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.
The only way you could do this is to sue the individual's estate for the money you're due and get a judgment against him. Once you have a judgment, it will serve as a lien against the estate and any property or assets he owned at the time of his death. The lien would have to be paid off with the proceeds from the estate.
You can also seek an injunction for immediate relief. This would order the estate/his wife not to dispose of the property until the legal matter is resolved.
You can't arbitrarily file a lien against the person's property without a judgment because you don't have a security agreement giving you a lien - like a promissory note, UCC-1 financing statement, deed of trust, etc.
Ok. In that case, I would recommend that you speak with a business law or estate law attorney in Florida to file a petition for a temporary restraining order and injunctive relief to stop her from disposition of this property until the court decides the legal issues, your ownership, etc. with it.
All you have to show is that irreparable harm will occur if the restraining order/injunction is not granted, and I don't think you would have a problem with that in this instance.
A lawyer is the best way to get this done fast and correctly.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).