How do you go about filing a personal lien on property?

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How do you go about filing a personal lien on property?

My parents have lived and cared for my grandmother and her large property for the past 7 years. My father has done all maintenance and yard work. My mother did all household work and all care grandma required. Now they have moved on and no one wants to compensate them for their time and expenses. Is there anything we can do legally to regain this?

Asked on November 22, 2011 under Bankruptcy Law, Montana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the grandparents that you have written about have passed away and there is a probate or an intestacy proceeding concerning their estate, your parents could file a creditor's claim for services performed and unpaid.

One issue I see is that the time period to bring a lawsuit for such services might be barred by the applicable statute of limitations for some of the services provided.

Another issue I see is that if your parents were mentioned in the grandparents' Wills or trusts as receiving a bequest, one could make an argument that the services provided by your parents for the grandparents were done with no expectation for compensation at any time. 


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