Q: My deceased exhusband is on LLC, formed to purchase house. No will and son did not probate est. Can i sell house?
I lost my job and must sell house. I have an offer and need to close by 3/30. Divorce decree awarded house to me and I had forgotten LLC. Ex died in 2015. He was self employed and incurred IRS debt while married. Divorce also stated he agreed to pay IRS debt and he made payments until death. IRS placed lien on house and I need to sell house to satisfy debts so I can start over at 60 yrs old. I contacted his son to find out if he probated father's estate and he did not. I asked how he accessed his checking and about paid in full SUV? He said he wrote checks on father's account to pay for cremation and DMV transferred title for SUV to his name with only his signature. He drove for a while then gave away. IMO, since I inherited his father's debt any assets he had, even if very little, should go to IRS debt. Regardless, my primary, urgent need is to close on house. Son said he would help but he lives in Alabama now and not sure he was sincere. Is there anything I can do?
A: , you did not mention whether the title to the house is in the LLC. You said he formed the LLC for the purchase for the purpose of buying the house. The LLC owns the house you will need to probate your ex-husband's estate in order 2 remove the house from the LLC. To open his estate, you will need to apply in the county in which he lived four letters of administration. You probably will have to obtain special permission to operate his LLC so that it can execute a deed into your name so that you can then sell the house. This is not going to happen before March 30th.
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