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Do i need to wait for probate or filea mechanics lien for money ow3d

Mississippi

I've been working on a house needed lots of repairs and cleaning needed was unimaginable. the owner asks me to let him know what all he owes me about a week later he has a massive stroke and dies. His daughters are not wanting to pay me but i have tied up 20000 in labor and materials at this house. I will lose everything if i cant get this money back im out. but since he died i dont know if i need to wait on probate although thought ad would have ran 3 weeks ago or if i need to file a lien on the property. its in lee county mississippi

1 reply

Feb 26, 2021

Partes who contract directly with the property owner for work on a project in Mississippi do not generally need to provide any sort of preliminary notice to retain the ability to file a lien. They do, however, need to meet the deadlines with respect to timing. This means that if somebody wants to file an enforceable lien in Mississippi, it must be filed within 90 days from the date the claimant last furnished labor or materials to the project. 

This 90-day deadline is absolute. If it is missed, an enforceable lien can not be filed. So, waiting because of other external factors is generally not a good idea.

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