Q: Real Property going through Probate Subject to Tax Sale.
I am about to open an estate for my mother and found out her property was sold at a tax sale a week after her death. Am I still able to sell the home once I am appointed PR or will I have to redeem the property by paying off lien first?
A: The answer will depend on the jurisdiction and the terms of sale. Usually, a sale must be approved by the court before it is beyond redemption. In some jurisdictions, all that was sold was a tax certificate that entitles the buyer to a high interest rate. In any event, the death before the sale may have invalidated service. One thing that is certain is that you need to schedule a consult with a lawyer now, and the lawyer might need to check the statute before providing a clear answer.
A: If the tax sale just happened, there is normally a one year right of redemption period in most jurisdictions, but you need counsel now.
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