Lien after husbands death
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220gin
Level 1

Lien after husbands death

Hi I have a situation where my husband that  has passed away died owing back taxes and they placed a lien on his house in 2010. When we found out he was terminally Ill we consulted an attorney and drew up papers giving me survivorship rights to the deed. I have continued to pay the mortgage payment that is in his name for the last almost 6 years. We were in fear that if I were to notify the mortgage company of his passing and try to switch the mortgage into my name that this would count as a sale and cause the lien to come due. I am also in fear to bring my intentions to the irs that after discovering the details of the situation that they can force the sale of my house. But I would like to finally have the mortgage in my name. I did not file joint with him. In fact we were not even together yet. What should I do?

8 Replies
xmasbaby0
Level 15

Lien after husbands death

Very sorry for your loss.  You need help that is far beyond the scope of the income tax return and tax software help we can provide in this user forum.  You must seek the help of an attorney who can advise you about what to do regarding the house. You say you consulted an attorney when you "drew up papers"  so you might want to start with that attorney.  If that attorney is not well-versed in tax laws you will need to ask him to refer you to someone who is.  You say there was an IRS lien on the house --you need legal help.  We cannot provide legal advice.

 

" I did not file joint with him. In fact we were not even together yet. "

 

We do not know what you mean by we were not together.  You are referring to your husband at the beginning of your post--were you legally married? 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Anonymous
Not applicable

Lien after husbands death

see a lawyer as quickly as possible.  if the lien was filed in 2010 then penalties and interest have continued to accumulate for the past 10 years.    I don't think any financial institution would refinance the debt until the lien is satisfied.  

220gin
Level 1

Lien after husbands death

Yes we were not married the years the lien stemmed from.

xmasbaby0
Level 15

Lien after husbands death

Only an attorney can tell you if that is relevant.  Please seek out legal advice as soon as possible.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
220gin
Level 1

Lien after husbands death

Even though the debt belongs to someone deceased? 

xmasbaby0
Level 15

Lien after husbands death

AGAIN----we cannot provide you with legal advice.  The best advice we CAN give you is to talk to an attorney.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
tagteam
Level 15

Lien after husbands death


@220gin wrote:

Even though the debt belongs to someone deceased? 


Please heed the advice of @xmasbaby0 and @Anonymous; consult an attorney and note that the lien attaches to the property itself, regardless.

220gin
Level 1

Lien after husbands death

Thanks everyone. I intended to. Sorry if I made all feel uncomfortable 

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