my mom died with no will i would like to put a lein on insurance policies and propert how?

Question

what do i need to do and have for info what forms/

Answer 1

You can't put a lein on an insurance policy. If you're talking about life insurance, whoever she designated as beneficiary gets the money - cut and dried. You can't contest it.

If she has a house, and you want to put a "lein" on it, you have to go to court, and you have to show proof of why she owes you the money, and how much. There must be a debt or other monies owed, in order for you to get a lien. You can't do it just because you're the child, and you want to inheirit it.

If she has no will, and she does have bank accounts, real estate, property, etc, likely you'll need a lawyer to help you sort this out - all her "stuff" is called her estate, and it must be liquidated to pay off all her debts, and anything remaining will go to her heirs. Depending on what state you are in, normally a husband gets everything, or if the children are minor, sometimes the husband gets half and the minor children get half. If there is no husband, usually it gets divided between the children, but the COURT has to do that if there's no will. Oh, and then her estate has to PAY the court to do that - which will cut into her estate, also.

Answer 2

I gather what you want to do is put in a claim for the insurance policy and somehow keep the house from being sold without your getting part of it?

If there is no will, the estate will still have to clear probate. The insurance policies will pay the beneficiaries, period, and you can't stop that. Your mom got to choose who gets the money from the policies. As one of her children, you would qualify for a percentage of the estate in most states, but the first question is whether there are assets when the estate settles. First all debt must be paid. You need to find out who is the executor and who is taking this through probate.

Answer 3

If there is no will, then the property goes to interstate, and the government will decide who gets what.

You cannot put a lien on what you do not have a right to -

You can petition the probate court to be made executor of the estate - you will then have the ability to dispose of the property in accordance to state laws.

BTW, I am sorry for the loss of your mom - may she have had a long and happy life.

Answer 4

Unless you're named as the administrator (or executor) of the estate, there is little you can do until her estate is opened and settled.

And unless she left the beneficiary designation as to her estate, it will be available to whoever she named. If you know who was named and the beneficiary does not know it, it's best for you to let that person know, as it was your mother's wish.

Answer 5

INSURANCE POLICIES CAN'T BE TOUCHED.
THEY STAND AS IS.....
NO ONE CAN STOPPED THEM OR CHANGED THEM...

Answer 6

you need a lawyer.