LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Wills, Trusts and Estate Administration Law Forum > Estate Planning
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 06-20-2006, 07:12 PM
Junior Member
 
Join Date: Jun 2006
Posts: 1
Question lien on property

Good evening,
I'll try to make this as short as I can. When a man and wife both pass away and there is a will, if there are any liens on the property they own and the property is sold but doesn't cover the lien what happens to the rest of the lien? Are the heirs responsible for any upaid bills that aren't covered?
thanks in advance for any help.
Reply With Quote
  #2 (permalink)  
Old 11-09-2007, 01:33 PM
Junior Member
 
Join Date: Nov 2007
Location: Orange County, CA
Posts: 9
Default

Thanks for your posting, and your brevity. You didn't mention what state your theoretical question involves, and as you know, each state has separate laws.

I can tell you that here in California, liens are extinguished for transfers made under a probate order. So, the property would be sold under the supervision and under the procedures involved in a probate proceeding, and then the proceeds would go to the creditor, with no right to go after the heirs for any deficiency amounts.

I hope this helps, and if your case is in California, please feel free ask anytime if you have other questions.

Quote:
Originally Posted by wildflowerpa View Post
Good evening,
I'll try to make this as short as I can. When a man and wife both pass away and there is a will, if there are any liens on the property they own and the property is sold but doesn't cover the lien what happens to the rest of the lien? Are the heirs responsible for any upaid bills that aren't covered?
thanks in advance for any help.
Reply With Quote
  #3 (permalink)  
Old 11-10-2008, 02:27 AM
Banned
 
Join Date: Nov 2008
Posts: 3
Default

The property is worth $300K and the lien is for $375K (more than the value of the property). I was getting close to closing and then the title search revealed the tax lien. Do I have any claims I can bring against the seller's broker (the sellers apparently are illiquid).....

Last edited by Thurstan Lanford : 11-11-2008 at 12:06 AM.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 10:54 PM.

Find a Lawyer | Attorney Search by City/State | Law Library
Estate Lawyers | DUI-DWI Lawyers | Divorce Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers  
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers 
Personal Injury Lawyers | Child Support Lawyers | Child Visitation Lawyers | Child Custody Lawyers 
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Products Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers

Attorney Advertising | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.