It has been recommended to me by a very knowledgeable professional that I should file a lis pendens notice. This issue involves a very messy New Jersey estate settlement where my four siblings stole substantial estate assets and then lied to the estate attorney (also the executor) and this lawyer carried these lies into his decision to deny me my rightful inheritance which is valuable NJ farm property. I have successfully filed two docketed ethics grievance cases with the state that outline numerous lies and violations.
I have been told that I have been unjustly denied my inheritance but need to file this lis pendens document and soon to protect said rights. What is involved here with filing this form and what protection/benefits/detriments should I expect from filing this legal form?
2 Answers from Attorneys
You can't just file a lis pendens. There has to be an interest in real property, and you have to have begun a law suit first. The "very knowledgeable professional" may or may not be an experienced estates and real estate lawyer.
Talking to people who claim to be knowledgeable professionals does not advance your claim. If you want to protect your interests in the estate, you should be engaging the services of an experienced estates and real estate lawyer to review your matter and, if warranted, to file suit on your behalf.
I don't know against whom you've filed ethics grievances with, but ethics grievances do nothing to resolve any claims you have.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
A lis pendens is, more or less, a legal notification that a legal action is pending which may effect the title of the property. As such, you must file a law suit either first or simultaneously with the lis pendens.
You should sit down with an attorney and go over the facts of your case. Without more information, I cannot advise whether a law suit is a good idea or not.
If you would like to make an appointment, please contact my office at 732-663-1500.