Legal Question in Civil Litigation in Florida

lien against property in trust

Can a caregiver who is in privity with a person whose property is held in trust file a lien against the property and succeed.


Asked on 9/17/07, 11:27 pm

4 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: lien against property in trust

There are not enough facts to answer your question.

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Answered on 9/18/07, 10:41 am
Johm Smith tom's

Re: lien against property in trust

This is not one of those simple questions that can get a simple answer. You'll need to consult with an attorney to go over all of the relevant facts.

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Answered on 9/18/07, 10:57 am
Scott R. Jay Law Offices of Scott R. Jay

Re: lien against property in trust

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You have not provided enough information in your question. What is the basis of the proposed lien? Is it for construction matters by a licensed contractor (which sounds doubtful) - or is it for services provided to the person for which there is no provision under Florida law in which to file a lien unless you have first sued the party and obtained a judgment in court. You need to clarify this issue.

Scott R. Jay, Esq.

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Answered on 9/18/07, 1:10 pm
David Slater David P. Slater, Esq.

Re: lien against property in trust

Not based on your question.

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Answered on 9/18/07, 6:54 pm


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