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Can I put a lien on estate property/trust?

TexasRecovery Options

Long story short, there’s an older couple that I knew and they passed. They had one son and three grandchildren. The grandkids fraudulently transferred properties and stole millions of dollars after the grandpa passed. When the grandma passed the son promised me if I helped expose all their wrongdoings, theft ect. Then I could have a property and money. Now it’s coming down to court time and I did everything for them, greed has set in and they are trying not to give me what we agreed on. Two of the three grandkids stole about $4k each from me as well. My question is, can I put a lien on the properties or the estate so I can get paid before probate court? Or how do I go about getting paid? Thank you for your help.

8 replies

Jun 2, 2021
What you are describing is NOT a do it yourself project. You need to hire a lawyer ASAP. The Texas Board of Legal Specialization has a list of probate specialists.
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Jun 2, 2021
I need to know if I can put a lien on the the property or estate..
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Jun 2, 2021
The answer to that question will require a deep dive into the particular facts, and the potential consequences of filing a wrongful lien are very serious. That is why I strongly suggest hiring a lawyer.
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Jun 2, 2021
There’s nothing wrongful at all..thanks for no help
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Jun 2, 2021
The term "wrongful" comes from the statutes, and applies if you try to file a lien when you cannot, or if you don't do it right. Again, based on what you laid out this is NOT a DIY project. Any lawyer is going to need a lot more facts and will have to review whatever you might have that's in writing to answer your particular question, and any lawyer that's worth working with would rather give no answer at all than to give an incorrect answer.
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Jun 3, 2021
You would not place a lien on a property in this situation. Liens against property are usually reserved as a post-judgment relief, unless a mortgage or construction related to the property is involved. In this case, it sounds like a complicated set of facts, but you may want to engage an attorney to review the facts and potentially file a lawsuit with the probate court or proper district court to recover. Whether you are entitled to funds, if any, from the estate or the son who promised you compensation will depend on the facts.
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Jun 3, 2021
Short answer is no. You do not say that you provided any labor or materials regarding land involved. On the other hand, you might have a cause of action for an oral contract though that won't do any good as concerns real estate. For that you need something in writing. Apparently that does not exist. You say they "stole" $4,000. I don't know what you mean by "stole." For example, if you mean did not keep a promise, that is not theft. However, you can certainly make a claim in the probate court though that does not support a lien against any real estate and making a claim against an estate based on an oral promise is very difficult.
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Jun 4, 2021
When I say “stole” I’m referring to the grand kids, they took some of my property which I filed a police report for. Thank you
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