Atlanta, GA asked in Estate Planning, Social Security and Real Estate Law for Alabama

Q: I have questions regarding liens on a property owned by someone who is on SSDI, and future property transfer to family

My mother and father are both disabled. They own their home and land. There are two liens on their property. Can they still transfer ownership of the property to me? (I am also disabled) Will the liens apply to me in anyway? Will I have to pay them? Could I lose the property? It is my current primary residence.

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN

A: Conveyances to you will be subject to valid liens against the property, not you personally. Valid Liens might be executed against the land anytime. If you take property, figure in costs of releasing liens, which might get compromised for less than total debt.

James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: The transfer of the property to you may trigger the liens if they are attached to the property itself. Whether you would be personally responsible for the liens would depend on various factors, including the nature of the liens and state laws. Consult with an attorney experienced in real estate and disability law to assess your specific situation and explore the best course of action to protect your interests and the property.

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