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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello:I invested in coin and silver bars with a individual

Resolved Question:

Hello:I invested in coin and silver bars with a individual who lived in florida who recentley passed away with none of my investments that were to be in his safe according to his wife.How do I go about putting a iien on this property in florida.This involves 12,500 dollars.I have bank deposits and have given ample time for his wife to make some kind of effort to help me out triing to be sensitive to her situation also.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Roger replied 5 years ago.

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.


Customer: replied 5 years ago.
Kirk ty the part about injunction with wife is what i would like to do he passed away sept 23 2011 i feel i have lost my investment totally unless i do something do i need a lawter in florida to help get this done?
Expert:  Roger replied 5 years ago.

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.

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