QUESTION
Can my house with a lien be passed to my stepson?
Asked on Nov 07th, 2015 on Residential Real Estate - California
More details to this question:
Hi. I own a house that has a massive CA state sales tax lien that my wife incurred and now the house that is only in my name has a nominee lien on it. Can I bequeath the house to my stepson and can he make use of it or does the lien have to be paid off right after my wife and I die? I never adopted my stepson - who is 38 years old so he isn't an official relative I guess. Thanks. Would some kind of trust help?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
at
Price Law Firm, APC
Update Your Profile
The lien will eventually have to be paid off, whether by sale or refinance of the property. It's not going to go away and it will only be more expensive with penalties and interest. It is also possible for the lienholder to foreclose on the property.
While you can pass the property on to your stepson, the real issue is paying off the lien and does the proeprty have equity?
Answered on Nov 14th, 2015 at 1:08 PM