Full question:
i would llike to replace a lien on the property of a deceased family member estate. His immediate familly (estrange children) refuses to probate his estate or become involve with his estate. My lien is for the money I used to ensure a proper burial was given I live in Georgia and the decease property is in Maryland.Need to do lien before property goes into foreclosure. Due to lack of family settling the decease affairs. Property is located in Maryland. I am a resident of Georgia.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Georgia
Answer:
To replace a lien on real property unrelated to work done on the property, you typically need to create a judgment lien. This requires obtaining a court judgment against the person responsible for the debt, which in your case may relate to the burial expenses. You may need to demonstrate that you had a contract with the deceased or their estate to cover these expenses.
If the immediate family is not probating the estate, you might consider filing a petition to probate the estate as a foreign personal representative in Maryland. This could allow you to address the lien before the property goes into foreclosure.
Funeral expenses are usually paid from the estate during probate. If the personal representative fails to pay these expenses within six months, you can petition the court to compel payment (Md. Code Ann., Est. & Trusts § 8-106).
It's advisable to consult a local attorney who can review your situation and provide guidance on how to proceed with filing a lien and potentially probating the estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.