Grandpa had 3 kids and my dad passed away before grandpa and me , my sister and brother own my dad’s portion of home. My uncle lied to us about not being able sell the home due to my brother tax lien and we waited for 2 years and now he said the title search came back with my brother now has 30k lien on property and we cant close. We want to know if that would hold up a closing and can we use a quitclaim deed so we can close or take executor to probate court? What’s best advice for this situation?
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
Use a lawyer to close the sale of the house. The attorney can obtain a release of lien from the IRS so that the sale of the home can proceed. The attorney would collect your brother’s share of the proceeds and then pay the IRS. The money will never go to your brother.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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