Catonsville, MD asked in Tax Law for Maryland

Q: Can the sale of a willed house be held due to a recipient having a fed tax lien. The recipients name is not on the pro.

Parents pass away, will the house to the grown children. One has a federal tax lien in her name. Her name is not on the house. Can this affect the sale of the house?

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1 Lawyer Answer

Mark Oakley

Answered
  • Rockville, MD
  • Licensed in Maryland

A: No. So long as the house is in the name of the estate, not the names of the heirs, then the estate sells the house and distributes the proceeds to each individual heir entitled to receive a share. If, however, the PR of the estate decides to issue a deed transferring the house to all the children as joint owners or tenants in common, then the federal lien would attach to that heir's interest (but not to the other owners' separate interests). But if the plan is to sell the house and divide the proceeds, the estate should simply sell it and collect the money into the estate account, and then divide the money.

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