Legal Question in Real Estate Law in Massachusetts
prperty in probate court
i was wondeing if a peice of property that was left to someone and is in the process of names being switched over and there was taxes owed on it can the city or state put a lien on it even if at this point in time it is not in anyones name it is in the process of probate court the people that inharitated the property recieved a letter stating that if the taxes dont get paid they are going to take the house is that possible
1 Answer from Attorneys
Re: prperty in probate court
The city or town has a right to put a lien for taxes on the property. Furthermore, the city/town has the right to sell the property to collect the tax lien provided the appropriate notice is given the the registered owner. Up until the probate process is complete and the property is transferred, the prior owner's (deceased) name is still on the property. The property would be transferred with valid liens attached unless the will specifically states that liens or mortgages should be discharged prior to the property passing to the named heirs. In most cases, the will does not specify and the property passes with the liens attached. The fact the property is in probate doesn't mean the city/town can not put a lien on it for taxes.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
