How to resolve tax lien after spouses 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?

6 Answers

  • Eva
    Lv 5
    4 weeks ago

    Any refi will trigger a required repayment of the lien if it is still active. Liens generally expire in 10 years if they are not renewed. Consult an estate and/or a tax attorney to see if the lien is still active or if it was closed out when he died. The lien should have been paid out of his assets when he died.

  • 4 weeks ago

    So: You have a thorny legal issue worth tens of thousands of dollars and you decide that the best source of information is strangers on the internet?  Not a wise move!  How about consulting a lawyer who can actually give you sound advice?  Ooo...never thought of that.

  • 4 weeks ago

    If the IRS a lien was filed in 2010 then the 10 year statute of limitations for collection has probably expired and the lien self-released so is now a non-issue. Check a copy of the lien because it will have the expiration date noted on it. If your "papers giving me survivorship rights to the deed" was putting the title to the property in joint tenancy then your husband's rights evaporated when he died and you just have to file an affidavit of death of the joint tenant to change the title to you alone. 

  • 4 weeks ago

    Your husband's debts are also your debts.  At any time, the lien-holder/the state can choose to foreclose on the house.  Find a way to pay it off before that happens.  Then, you can freely put the house in your name, and likely at a lower interest rate since they are so low at this time.  If the debt has already gone on for a few years, you should pay it off soon.  If it means working two jobs for a year or two, it might be preferable to losing the house and being evicted.

    Source(s): Certified Paralegal, with 25+ years' experience.
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  • 4 weeks ago

    Maybe if you pay the taxes he owed?

  • Enigma
    Lv 6
    4 weeks ago

    Sorry,but a wife is responsible for the debts of her husband and visa versa. The only way to get out from under the debt is to declare bankruptcy but in the process the house may be lost or sold by creditors to pay down the debt.

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