Legal Question in Wills and Trusts in Florida

Re: Inheritance

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The estate should be in probate. The Personal Representative can sell the property and the proceeds divided. The IRS will, most likely, file a claim and confiscate your brother's interest in the estate. Your share should pass without any problems.

To ensure that there are not any problems, make sure that the attorney who is handling the estate is aware of your brother's situation so that arrangements with the IRS can be made in advance and not slow down any potential sale or the distribution to you.

Scott R. Jay, Esq.

Re: Inheritance

The lien encumbers the one half interest in the house owned by your brother. When the house is sold, the IRS will take his share of the proceeds of the sale to the extent required to pay the tax debt. You will be unable to obtain a mortgage until the lien is released.

Re: Inheritance

The IRS has a lien against all of your brother's property. They will probably get around to specifically filing a lien against the inherited house. When sold, he will have to take care of the IRS out of the sale proceeds (you may even have to request the IRS to lift the lien against the house to even sell the property). To protect your interest in the house from the IRS it is important to have the estate probated so there is in order showing you as a joint owner in the property.