Q: If a house is willed to someone but there is a lien on the home who is responsible for the lien?
The lien is from a home equity loan where the primary applicant is not on the deed of the property but the co-signer is. In this scenario, the co signer passed away and in their will they gave the house to someone unassociated with the loan/lien.
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A: A Devise of real property subject to a Lien to a Devisee conveys the property to the Devisee with the Lien against the land, but does not render the Devisee personally obligated for the Debt which created the Lien. The Lienor may go against the land but not the new owner. However the Lienor might file a Claim against the Estate for the Debt, which might even satisfy and render null the Lien (but you would still want a Release to be recorded)..
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