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Can a person in one state put a lien on a property in another state if the 1st person thinks he was cheated out of inheritance

Phoenix, AZ |

I live in AZ and house in question is in Va. My brother in Va. was executor of the will when my father passed. Although I never saw the will I trusted my brother to be fair. I was wrong to be so naive. The house is currently valued at around 700K w/about 50% equity. I'm not interested in the house but only the cash money I feel my Dad left me...approx 125K as close as I can figure. Can I put a lien on the house until this matter is settled?

Attorney Answers 1


  1. You don't say how long ago the probate work was done, and that could be very important. Involuntary liens on property are allowed by statute for certain purposes, such as for services provided (called a mechanic's lien). You may have a cause of action against your brother for breach of fidiciary duty, and you may be able to prevent the sale of the house until your claims are resolved by recording a "lis pendens," which is public notice of a claim that involves the house. If the facts are as you perceive them, your remedy is most likely within the probate action. Be aware that there are time limits for pursuing claims like this. Nothing short of representation by experienced probate counsel who regularly practices in the court overseeing the probate will meet your needs.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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