Legal Question in Credit and Debt Law in Massachusetts
Real Estate and the IRS
When our father passes away and leaves his house to his 3 children can the IRS force us to sell the house if it's in all 3 of our names and one child (my brother) owes the IRS and child support?
2 Answers from Attorneys
: Real Estate and the IRS
The IRS or any othe creditor can force a partition sale to recoup its debt.
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Re: Real Estate and the IRS
If there is a valid IRS lien on a parcel of real property, the IRS can levy upon such property to satisfy the lien. Generally speaking, the IRS will only levy after 3 requirements have been met: 1) the IRS assessed the tax and sent a "Notice and Demand for Payment", 2) you neglected and refused to pay the tax and 3) the IRS has sent a "Final Notice of Intent to Levy" and a "Notice of Rights to a Hearing" at least 30 days prior to levy. Further, pursuant to IRS Compliance & Enforcement Regulations , any interest the delinquent taxpayer has in property may be levied upon, including jointly owned or community property.