Q: Can you transfer a Deed to property of the deceased parent to her children prior to filing for Probate in New York.
There is no surviving spouse. Can the IRS or any creditor place a lien on the deceased property prior to filing for Probate? What responsibility does the executor have under those circumstances?
A: You must do probate to transfer the property. Claims from the IRS and others will get adjudicated in the probate. If there are large tax debts, the property might need to be sold to pay them. The executor would have personal liability for transferring property in the face of unpaid debt.
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