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Want to buy a property of a friend who is deceased. His name…

Want to buy a...

Want to buy a property of a friend who is deceased. His name is ***** ***** property, he owed to years back property tax of $1800.00. He owns IRS $21,000.00. Bank payoff of property is $35,000.00. Negotiated price with his son for $50,000.00 and we would pay back taxes. Now the question is can the property be sold to us as negotiated or will it be held up with IRS. Is sale of property held up by outstanding income tax of deceased individual?

Lawyer's Assistant: Have you talked to a real estate attorney about this?

No

Lawyer's Assistant: Where is the property located?

Benton County Missouri

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What is the fee for advise?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Real Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

Who would the real estate lawyer be located?

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Answered in 7 minutes by:
7/28/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,577
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

.

Do you know if the IRS has actually filed a lien on the property or not?

.

Have you had a title search run on the property to make sure that there aren't other liens or encumbrances on the title?

.

Has the son filed a probate case to settle his father's estate?

.

.

thanks

Barrister

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Customer reply replied 11 months ago
Unfortuneately do not know those answers, apparently I need to find that out?
Customer reply replied 11 months ago
Had a question about the IRS $21,000.00 outstanding, can they file a lien on the property? Or is personal property and income tax separate?

Yes, you definitely need to find out what you may be getting into here..

.

And his estate will be liable for the IRS lien and any other debts that he may have owned when he passed. So in order to be able to sell the property, the son will have to file a probate case to settle the estate and be appointed as Administrator of the estate. Then he can sell the property to you and use the proceeds to pay towards estate debts.

.

But it is kind of unlikely that the IRS will file a lien on the property if they haven't done so by now.

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However, when son is appointed as Admin, he has a legal duty to sell assets to generate money to pay all the estate debts, so if he isn't selling the property for fair market value, the IRS or any other creditor who wasn't getting paid off could object to the sale..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,577
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
Okay, that's what I needed to know, thank you. If I have questions in the future, do I contact you or will it be someone else?

Thank you very much for the positive rating and generous bonus, it is greatly appreciated!

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

.

Have a great weekend!

Barrister

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Barrister
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Category: Real Estate Law
Satisfied Customers: 42,577
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Experience: 17 years real estate, Realtor. Landlord 26 years

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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