I'm not looking for legal advice...just practical experience.

I did work on someone's house & was only able to collect for less than a third of it before the homeowner died. Just before this happened I had contacted his daughters (who are also on the deed) about this. The responses I got were very vague & non-commital (the old deadbeat foot shuffle).

I don't know who the executor is (probably one of the daughters) or whether we will know in time to file a claim against the estate...we do know he died intestate so maybe that holds things up. More than likely the house will be put up for sale to settle the estate. Some of my contractor friends are saying I should just file a lien & then nullify it if I get paid but I don't want to "rock the boat" if it is likely I will get paid from the estate. Besides, almost nothing is selling in my RE market unless at auction.

Anybody been through anything like this? (PS...it's about $3,000.)

 

We poured a 20X40 Shop floor and a huge approach for a guy once. When we started we got the deposit (materials cost) after we did the job we went to collect the rest and he told us he would give us $20 a week untill it ws paid off. My father-in-law just left to avoid hitting the guy and later went to him saying he was going to put a lein on his house if his sorry $%# didn't pay and the guy ended up taking out a loan on his house to pay the bill. When my father-in-law checked in to the mechanics lein it didn't sound too tough to do.

If you wait untill this is all said and done you might not get your money. I reccomend finding out who the owner is and contacting them and let them know what you are out and if they don't want to play nice go forth with the lein.

 

Since the debtor died intestate, his estate HAS to go through probate.

You can easily file a claim against his estate with the probate court.

Lien filing is also easy. Fill out the form, file it with the county, and the title is clouded so the owner, in this case the estate, cannot deliver marketable title to any buyer.

You might have to wait to get paid, but at least the filing will preserve your place in line for eventual payment should the funds later become available.

Steve

 

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