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Invalid Lien Estate Case
Summary
In Maryland, liens typically require a judgment. If only a court order for attorneys fees exists, the lien may be invalid. Mention both the lack of judgment and the 6-month statute violation in your filing. File the motion in the Orphans Court of Maryland, and check with the Register of Wills for specific procedures. Consider consulting case law for precedents.Full Conversation
An attorney already told me that it was not a legitimate lien. I am now filing something with the Estate Court to have the judge order that the lien was improperly placed and needs to be removed.
It sounds like you're on the right track by filing with the Estate Court. Make sure you have all necessary documents and evidence to support your claim. If you need any further assistance or specific legal advice, it may be helpful to consult with another estate law attorney. Would you like help connecting with a local lawyer who can provide further assistance?
No, I do not need to connect with an attorney. I have to file this pro se, but an attorney who represents me in another case is helping me. He knows estate law very well. I am wondering if there are any precedents to support my request to remove the lien. By placing the lien, the attorney is trying to elevate himself in the Estate payout pecking order.
Got it. Since you're looking for precedents related to removing an improperly placed lien in an estate case, here's some general information that might be helpful:
- In Maryland, liens typically require a judgment. If there was only a court order for attorney's fees without a judgment, the lien may indeed be invalid.
- You can look into Maryland case law for precedents where similar liens were contested and removed.
- Cases where liens were invalidated due to lack of judgment or improper filing might offer relevant arguments.
Do you need guidance on how to search for these precedents or any specific resources?
- In Maryland, liens typically require a judgment. If there was only a court order for attorney's fees without a judgment, the lien may indeed be invalid.
- You can look into Maryland case law for precedents where similar liens were contested and removed.
- Cases where liens were invalidated due to lack of judgment or improper filing might offer relevant arguments.
Do you need guidance on how to search for these precedents or any specific resources?
No. I am already contesting the lien because it was placed 3 years after the decedent's death, which is also not legal. I was just wondering if I needed to add the fact that there is no judgment, or if I should just argue about the illegality of placing the lien past the *-month statute.
Case Rating: *
You should mention both arguments in your filing:
- The lien was placed 3 years after the decedent's death, which violates the *-month statute.
- There is no judgment to support the lien, only a court order for attorney's fees.
Having multiple grounds for contesting the lien strengthens your case.
You should mention both arguments in your filing:
- The lien was placed 3 years after the decedent's death, which violates the *-month statute.
- There is no judgment to support the lien, only a court order for attorney's fees.
Having multiple grounds for contesting the lien strengthens your case.
what is another way of phrasing that the attorney's intention in illegally placing the lien was to circumvent the legal pecking order of how an estate's assets are to be distributed?
Case Rating: *
Another way to phrase that could be:
"The attorney's intent in improperly placing the lien was to unlawfully prioritize their claim over other legitimate claims in the estate's asset distribution process."
Is there anything else you need assistance with?
Another way to phrase that could be:
"The attorney's intent in improperly placing the lien was to unlawfully prioritize their claim over other legitimate claims in the estate's asset distribution process."
Is there anything else you need assistance with?
where do i file a motion to remove an invalid lien from a deed?
Case Rating: *
You should file a motion to remove an invalid lien from a deed in the court that handles the estate case. This would typically be the Orphans' Court in Maryland. Ensure you provide all relevant documents and evidence to support your claim.
Would you like any specific guidance on the filing process or any other assistance?
You should file a motion to remove an invalid lien from a deed in the court that handles the estate case. This would typically be the Orphans' Court in Maryland. Ensure you provide all relevant documents and evidence to support your claim.
Would you like any specific guidance on the filing process or any other assistance?
do i need to include maryland land records on the certificate of service
Case Rating: *
You generally don't need to include Maryland land records on the certificate of service itself. The certificate of service typically lists the documents you're serving and to whom you are serving them. However, you may need to provide relevant land records as evidence in your motion or filing.
Is there anything else you need help with?
You generally don't need to include Maryland land records on the certificate of service itself. The certificate of service typically lists the documents you're serving and to whom you are serving them. However, you may need to provide relevant land records as evidence in your motion or filing.
Is there anything else you need help with?
HOW DO I title the motion if it's an estate case. Is it the Orphans court of maryland or is it something else?
Case Rating: *
You should title the motion as follows:
"Motion to Remove Invalid Lien"
And file it in the Orphans' Court of Maryland, as this court handles estate cases.
Is there anything else you need assistance with?
You should title the motion as follows:
"Motion to Remove Invalid Lien"
And file it in the Orphans' Court of Maryland, as this court handles estate cases.
Is there anything else you need assistance with?
It's not the Register of Wills?
Case Rating: *
In Maryland, certain filings related to estates are indeed handled by the Register of Wills. However, the Orphans' Court typically handles disputes and motions related to estate administration.
Here's a concise summary:
- Title the motion: "Motion to Remove Invalid Lien."
- File the motion in the Orphans' Court of Maryland.
- Check with the Register of Wills for specific filing procedures.
Would you need guidance on anything specific related to this process?
In Maryland, certain filings related to estates are indeed handled by the Register of Wills. However, the Orphans' Court typically handles disputes and motions related to estate administration.
Here's a concise summary:
- Title the motion: "Motion to Remove Invalid Lien."
- File the motion in the Orphans' Court of Maryland.
- Check with the Register of Wills for specific filing procedures.
Would you need guidance on anything specific related to this process?
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