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Can an adult child place a lien against the home of a parent for the cost of repairs that were done before the property is entered into probate?
Wiki User
∙ 12y ago
A lien might be difficult especially if you aren't a contractor, but you COULD have your mother sign papers to take out a loan from you in the amount of the repairs, then record a mortgage with the county recorders office. It might be good to do that before she runs up too much of a medical bill, since hospitals are notorious for running up THEIR bill when they have terminally ill patients, then they end up taking everything that they can from the estate.
Not without suing the parent in the appropriate state court and receiving a judgment which could be executed as a lien against real property.
Generally, liens that have been perfected will take precedence in probate procedure.
However, the interested party might wish to consider discussing with the parent the option of placing them on the property deed preferably as Joint Tenant With Right To Survivorship or Joint Tenant. This will protect the property from being included in probate procedure and also from creditor attachment.
Wiki User
∙ 12y ago
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Can a claim be submitted for repairs if the homeowner is recently deceased and the home is in probate?
The estate is responsible for the maintenance of the property. The administrator or executor of the estate can submit a claim on behalf of the estate.
Can a loan be obtained against real estate property to initiate repairs if that property is secured in an Irrevocable Trust?
Yes. The trustee must sign the mortgage as the owner of the property.
Are judgments granted before lawsuit?
No. Although a Mechanic's Lien can be filed against real property for repairs, improvements etc. done to said property without the necessity of due process (civil suit).
When pertaining to estate property in the state of TX does one sibling have the right to repair remodel property without permission from other siblings?
You haven't provided enough detail. If the estate has been probated and all the siblings are now equal owners then the answer is no. He needs permission from the other owners. If he is the court appointed executor, the property is still in probate and the property is in need of immediate repairs to prevent damage then the answer is yes.
If an estate property requires significant repairs who pays for them the estate or the person inheriting the property?
The executor is responsible for maintaining the value of the estate. That includes insuring that repairs and maintenance are done on the property. Until the property is transferred to the inheritor, it is the responsibility of the estate.
Who is responsible for home repairs with a life estate?
The person with the life estate should pay for repairs. They are benefiting from the arrangement, and so should except the responsibility, or give up the life estate. However, the answer may depend on the relationship between the parties. In most cases an elderly parent transfers ownership to their children in order to bypass probate while retaining the right to life use of the property. Since the parent is trying to preserve the property for their children, the children should be willing to help with repairs since it is in their interest for the property to be well maintained and an elderly parent may not have the resources to pay for repairs. For a definitive answer you need to check your state laws that govern life estates.
Does assessed for street repairs count if the property is mortgaged in monopoly?
No they dont,it is an easy way to get out of playing street repairs.
Can you take the insurance money and sell the property as is?
Yes. Keep in mind that claims count against you so sometimes if you don't intend to do the repairs it is better not to place the claim. 4lifeguild
After probate has been granted do you have to wait for the property to be sold before you can distribute any money from the deceased bank account to beneficiaries?
In the UK: No. If you are confident no claims will be made against the estate and or you have waited the statutory period before distribution then you can make an interim distribution. It is wise to hold some funds back however in case the house does not sell for a long period of time and estate funds are needed for repairs
Who has Responsibility of repairs to property in a Contract for Deed?
That issue should be addressed in the contract.
What is the definition of an as is residential real estate purchase in North Carolina?
You accept the property in the condition it is in at the time of the purchase. The seller makes no warranties and you can't make any claims against the seller to make repairs.
Who is responsible for the home repairs when in a reverse mortgage?
The home owner is responsible for repairs to the property. Depending on the amount available under the reverse mortgage, funds from the reverse loan may be available to make those repairs.
