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Mom has passed away and her old boyfriend wants to take me to court and place a lean to pay the money she owed him. Is he able?

North Las Vegas, NV |
Filed under: Probate

he has a detailed amount of what is owed to him that my mom borrowed. She said we would sell the house to him so he could stay there after she died but we are renting the house out not making a lot of money because of taxes and insurance.

Attorney Answers 2

Posted

You need to discuss the details with a probate lawyer and he needs to make a claim on the estate rather than suing you directly. It does not sound like you had a contractual obligation to this man, therefore his recourse is against your Mother's estate.

You need to make sure your Mother's will is filed with the State and that the appropriate probate process is followed. Best way to do this is to discuss the details with a probate attorney.

Best of luck.

I am a lawyer but I am not your lawyer, so get a second opinion and do not rely exclusively on my answer.

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Posted

What is the key to procuring a prejudgment
remedy?

The key is demonstrating to the court that
you are likely to succeed on the merits of
your collection action. To get a prejudgment
remedy, you have to file a lawsuit to commence the action. The lawsuit must be based
upon a contractual relationship with the
debtor. Then you are asking through a
motion to the court for the prejudgment remedy so that you can perfect an interest in
some personal or real property prior to getting the judgment.

A prejudgment remedy is a provisional
remedy . they are hard to get. If the property he wants is yours, not property of the estate no "lean" can be imposed through other processes.

Immediately after final judgment,
you then ask the court, again through a
motion, to release the assets that you
attached to satisfy the judgment.

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