Posted on: 30th Jul, 2008 03:11 pm
Hi, My step father passed away and everything was left to my mother. My step brother has a handyman business, and years ealrier when he was trying to get on his feet, my parents hired him to do some home renovations. They paid him cash I believe.... This man has not been involved or even pleasant to his parents since. My question is: Since my step Dad passed away over a year ago and this step brother is so dishonest, can he put a mechanics lien on the house so he can get money when my Mom passes? He is pretty sure that nothing will be left to him and he is mean enough to do this. How can I protect my mother's home against this and avoid problems when my Mom passes. We live in Florida
Thank you Sue
Thank you Sue
Hi beneodessa .
Welcome to the forum.
Are you sure your parents have paid him off. If they had paid him off then he cannot place any lien on the property. Do you have any proof that your parents had paid him off? BTW who is on the title of the property now?
Best of luck,
Larry
Welcome to the forum.
Are you sure your parents have paid him off. If they had paid him off then he cannot place any lien on the property. Do you have any proof that your parents had paid him off? BTW who is on the title of the property now?
Best of luck,
Larry
No, a mechanics lien must be placed within 90 days (I believe) from the time the work was performed. I don't know Florida's time limit, but it is likely just several months.
If it has been over 1 year, it is probably that it is too late to place a lien.
If it has been over 1 year, it is probably that it is too late to place a lien.
Thank you for your replies to my question. Yes my parents paid him for all the material and labor. Being their son they paid him cash and no invoices were generated. That being said, he could generate a fake invoice. He is that low and without shame.
Thank you
Thank you
Hi beneodessa .
Welcome back.
I can understand your situation. But when your parents paid your brother they should have the proof. I agree with jheard that he can place a mechanics lien within 90 days from the time the work. How long ago he performed the work?
BTW as you don't have the proof you should contact with an attorney now.
Best of luck,
Larry
Welcome back.
I can understand your situation. But when your parents paid your brother they should have the proof. I agree with jheard that he can place a mechanics lien within 90 days from the time the work. How long ago he performed the work?
BTW as you don't have the proof you should contact with an attorney now.
Best of luck,
Larry