QUESTION
How do the liens get handled in the probate process?
Asked on May 16th, 2017 on Estate Planning - California
More details to this question:
My husband died and I found at that there is a tax lien and a creditor judgment lien against the home we owned in joint tenancy. We filed taxes separately for the past six years and have lived apart (still married) for five years. I have been living in the home and making all payments. Other than the home, we have no joint finances (credit cards, car loans etc.). I am proceeding with probate to resolve his insolvent estate.
1 ANSWER
If there are no assets in his estate, I do not see why it needs to go to probate. In a joint tenancy, the portion of the title the deceased had goes automatically to the other joint tenants. The liens are against the entire property so you will have to pay them or work out a compromise with the creditors.
Answered on Aug 06th, 2017 at 8:35 PM