can i file a lien on a estate,the person has passed and he owed me so money.

Question

can i file a lien on a estate,the person has passed and he owed me so money.

Answer

There are all kinds of liens, and no one just "files" a lien. If someone owed you money, you should have sued them. You may have to now sue that person's estate, and make a claim against their probate estate. I urge you to consult with an attorney first.

Answer

If there is an estate open, you must file a creditors claim which allows the administrator of the estate to accept or reject the claim. If there are assets but no estate, and the estate is big enough, you may have to file a petition for a probate to have a fiduyciary appointed to administrate the estate for the heirs and file your creditor claim that way; the filing of a credoitor claim is precondition to filing a lawsuit against the estate, naming the administrator as the defendant and not the estate.

Answer

The previous answers are correct--there are different statutes of limitation that apply after a debtor dies, and they are usually short, so I'd recommend seeing an attorney experienced in probate to see what your rights are and how to make your claim in probate--you don't want to lose your chance.

Answer

You definitely need to consult with a probate and/or litigation attorney as to the best way to protect your claim.

If there is a probate of the estate, then you can file a claim in the probate action for the amount you are owed. If there is no probate, then you will need to follow some other procedure. It's not possible to tell you right now what that procedure would be, since there is not enough information in your question to know.

It may be worth writing a letter to the next of kin to remind them of the debt and ask how the estate is being handled. Your lawyer will be able to advise you as to this.