Q: Can a residence in quit claim be affected by a lien?
Mother put martial residence in quit claim before her death. Father has a lien on him. Will lien affect distribution of residence upon father's passing? Follow-up. Mother's trust states: In planning for our individual estates my husband and I have made a division of our jointly held real property. This has been done to plan accordingly under current federal estate laws, and to assure ease of disposition without necessity of involvement of Virginia Program law if possible. To that end we have funded this trust partially with the title of our martial home. I give title to our MARTIAL home at XXX XXXX to my daughter. The confusing statement is "funded partially". Does this imply that father has partial title to house? The title to the martial home is in Quit Claim in Arlington County. Father did not pay his personal income taxes, so he has a federal liens on him personally. Does this affect me as daughter obtaining title to home upon father's death?
A: I have no idea what you mean by putting property 'in quit claim'. So I don't know how the property (Marital residence) was owned. If your mother owned the property at her death, and was still married to your father, he got rights to the property either under her will or intestate laws. If there are judgment or other liens in his name, recorded in the court house of the county (or city) where the property is located, then yes, they are liens. Whether the lien will affect distribution or sale of the property depends on multiple factors including how old it is - there is a statute of limitations on how long a lien can be enforced.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
