Flipper/Rehabber · Austin, TX · Member since 2009 · 405 posts · 168 votes
10y
I want to know the answer to this as well. My first question is, does the husband have deed to the property? I suspect the IRS attaches to the property, but if there is no deed, how can it? Maybe there is a deed in a life-estate.
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
10y
In this case it was actually a court order, from probate court, with no "deed" executed. But we often see life estate "deeds" here, but it's conveying use benefits, with the remainder recipient being named.
While I'm not expert on FL, yes, involuntary lien(s) to United States attach to the amount that inures to the life estate holder.
However, they do not attach to the remainder men interest(s).
Most life estates are rather generous as to the rights for the possessor. In your case, a life estate created by action of law would like give possessory rights and maintenance obligations, too. Probably does nit gave pribisions restricting voluntary or involuntary encumbering.
Were the IRS force sale, the high bidder would only get the rights, title and interests injuring to the life estate holder, which may not have much market value.
A holder of the remainder men interest, whether granted or acquired, would need to decide if quieting title was even possible, or if waiting out the lifetime is a better plan.
Life estates are messy and problematic sometimes. I've made a number of loans to estates that were expected to gave bifurcated distribution, however I've always insisted that my position was senior (and voluntary as well as consented by all).
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
10y
@Rick H. Hey there, tried to "mention" you on the post, but I guess you put me on your do not call list, again :-). This would certainly be for a long term hold. The property isn't titled in the life estate holder's name, so I assume the IRS wouldn't come knocking, not that I've ever actually seen them foreclose on a lien anyway, maybe you have.