Lien on a Life Estate

Lien on a Life Estate
question

I have a house that was given to me as a life estate what I need to know is can a person put a lien on this house? The person who gave it to me might go to a nursing home. The life estate was made over 5 years ago. Can they put a lien on this house?

answer

With or without a life estate a house is an asset and anyone with a valid claim can put a lien on the house. Question -- who is the claimant putting the lien on the house? What is the reason for the claim? What type of document set up the life estate? What are the terms of the life estate? What does your state law say about life estates? If the claim is against the life tenant than the only asset they would seem to be able to lien is the life tenant's interest. If the lien is against the house perhaps the entire asset can be proply liened (e.g., back taxes). See a local real estate lawyer and address the lien regardless. Not only will you get the right answer, but you may sovle the problem which is important.

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