Legal Question in Wills and Trusts in Colorado

I have a contract for a personal loan from my mothers estate to a friend whom guaranteed when his estate came in he will pay me back. His has come in and now is refusing to pay the loan back with his inheritance. How do I file a lien against his new found estate? I have the Name of the Attorneys handling the estate for the Trustee in Lodi CA. I live in CO. as does the Borrower.


Asked on 11/09/16, 7:18 am

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Good morning,

You can't file a lien against an estate. This also has nothing really to do with the estate meaning that you can't file a claim against the estate as the decedent (the one who died) does not owe you the money. The person who borrowed the money owes you that money. However, if you get a judgment you could get an order to get money from the estate, depending on the facts. In short, without a lawsuit and a judgment, there is nothing you can do to try to get money directly from the estate assets.

Therefore, you will need to file a lawsuit to collect the loan. If the loan is for more than $15,000, this must be filed in Colorado district court likely where the borrower resides (it can also be filed in the county of where the agreement was executed, depending on the facts).

You should contact a local litigation attorney for assistance. You should find an attorney with at least 10 years or more of experience. You should act quickly

Start contacting attorneys today. Many firms, like ours, provide free phone consultations.

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Answered on 11/09/16, 7:37 am


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