Central District Consumer Bankruptcy Attorney's Association

Probate liens are generally voluntary and not avoidable. They arise in cash poor estates and the attorney agrees to a lien so that the property need not be sold during the probate. Attorney is paid when the property is sold or refinanced.
Mark Jessee
Sent from my iPhone
> On Nov 12, 2015, at 11:50 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> I was asked the following question which I am hoping someone on this forum can shed light on. All I had were more questions than answers!
>
> The question posted to me was, "We want to know that if an attorneylien can be avoided?"
>
> My unhelpful answer was, "I had not heard of a probate fee lien before. I understand there is a payment priority scheme in the probate process that gives certain admin claims priority over lender liens, but I did not realize a lien could be created. How did this property escape the probate estate? Did the administrator make a quick transfer and filed bk?"
>
> Thanks ahead of time for any input.
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Avanesian Law Firm
> 101 N. Brand Blvd. PH 1920
> Glendale, CA 91203
> Tel: 818.276.2477 | Fax: 818.208.4550
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>
>
Glendale, CA 91203Tel: 818.276.2477 | Fax: 818.208.4550Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The post was migrated from Yahoo.

I was asked the following question which I am hoping someone on this forum
can shed light on. All I had were more questions than answers!
The question posted to me was, "We want to know that if an attorneyProbate fee lien is placed on title of a residence in BK, whether the lien
can be avoided?"
My unhelpful answer was, "I had not heard of a probate fee lien before. I
understand there is a payment priority scheme in the probate process that
gives certain admin claims priority over lender liens, but I did not
realize a lien could be created. How did this property escape the probate
estate? Did the administrator make a quick transfer and filed bk?"
Thanks ahead of time for any input.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
101 N. Brand Blvd. PH 1920
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
I was asked the following question which I am hoping someone on this forum can shed light on. All I had were more questions than answers!The question posted to me was, "We want to know that if an attorneys Probate fee lien is placed on title of a residence in BK, whether the lien can be avoided?"My unhelpful answer was, "I had not heard of a probate fee lien before. I understand there is a payment priority scheme in the probate process that gives certain admin claims priority over lender liens, but I did not realize a lien could be created. How did this property escape the probate estate? Did the administrator make a quick transfer and filed bk?"Thanks ahead of time for any input.Sincerely,Michael Avanesian, Esq.Avanesian Law Firm101 N. Brand Blvd. PH 1920Glendale, CA 91203Tel: 818.276.2477 | Fax:818.208.4550
The post was migrated from Yahoo.