Chicago, IL asked in Estate Planning, Real Estate Law, Collections and Probate for Mississippi

Q: Will the irs take away my family houses and cars after my dad passes? He owed back tax everything is only in his name.

Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.

He is in hospice and not mentally able to do anything like sign anything over or make a will.

I want to get the property in my moms name so we can sell one and continue to live in the other.

I don’t really know what to do? Like how do I get the stuff transferred to my mom (they are legally married) or me (I’m his daughter) he didn’t have a will.

What happens to the irs debt?

Will they kick us out our home and take our cars?

How does that even work?

I’m not sure what to do. We thought he’d have a will or something nope fun stuff.

1 Lawyer Answer
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
  • Estate Planning Lawyer
  • Olive Branch, MS
  • Licensed in Mississippi

A: In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is will it. Because you are aware of the debt now, you will have to notify them of your father’s debt.

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