Lien on Inherited Property
Ask the Real Estate Lawyer: Real Estate Law Q&A
REM # LAW 777
By Ilyce R. Glink and Samuel J. Tamkin
Summary: A ThinkGlink reader inherited property from his father who had a judgment against him. Ilyce and Sam explain how a judgment may mean there is a lien on the property that the estate must pay.
Q: I have a title question. If a father passes away and leaves a house to his
son, but the father had an open judgment against him, does the son now have
to pay for this judgment?
A: If a person has a judgment filed against him and dies with having owned a home, if the judgment holder filed the lien against the home, any subsequent owner of that property should still be responsible for the repayment of that debt.
For example, if a creditor sued your father and won his case, the creditor could file a lien against your father’s home. Once the lien is filed against the home, the creditor can attempt to sell the home (by foreclosing on the lien) to satisfy the judgment; even if the debtor has died.
In general, the lien does not go away when a person dies. If the judgment failed to file a lien against the home or has not “perfected” the lien against the home, you may have inherited the home without the debt and may not have an obligation to repay it.
Keep in mind that the debts of a person that has died are generally satisfied from the assets of the estate at the time of his death. In some cases, property held in joint tenancy transfers automatically to the surviving co-owner and that co-owner comes to own the whole property free of debts of the person that died.
But if you are not a co owner of the property and inherit the property by virtue of a bequest in a will or by function of being an heir entitled to your father’s assets under state law, you may have to pay off the debts of the estate prior to taking ownership of the home.
You should consult further with an estate planning attorney.
Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce’s website www.thinkglink.com
Capital Gains Tax Question
1031 Exchanges to Avoid Capital Gains Taxes
Quitclaim Deed Does Not Change Mortgage
Right of Way
Repairs Unfinished At Closing
Link to This Article
Like what you've read? Spread the word! You can link to this article
from your website by copying the following code and adding it to
a page on your website:
Copyright ©2001-2007. ThinkGlink, Inc.
All rights reserved. Reproduction of material from any www.ThinkGlink.com pages without permission is strictly prohibited.
Site designed by Walker Sands Communications
