Q: Can I file a lien to recover property taxes paid on an inherited property in probate?
I paid the property taxes on 2 acres my brother-in-law owned in Nashville, Tennessee, after he died (in 2020, 2021, and 2023). The property is currently in probate. It is recorded in both the tax and probate records that I paid these taxes. The property is supposed to be auctioned, but there's a problem with the deed, and I have not paid the taxes for 2024 or 2025. The property tax assessor is requesting payment. Additionally, the court-appointed administrator wants to be removed from the position. Am I allowed to file a lien to recover the money spent on these taxes, considering I had no benefit from the property?
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A: You may be able to file a claim against the estate. It may be late but whoever the representative is might not file an objection, especially since you have materially assisted the preservation of the real property. You might want to look into what a perspective bid at a tax sale might be though. That might be a better tactic to get something. No liens without a judgment, and I doubt you want to sue the Estate. If there is a title problem, it is sometimes cured by a tax sale. Hire an attorney to search the title, look at the probate file, and give you guidance.
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