March 26th, 2010 | 
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My father passed away three years ago. My Brother was exector of the estate and my father left one of 6 properties to myself. Well my brother has not been able to pay the estate tax after the estate was filed and hence there is an estate tax lien on all 6 properties.
I have been paying all for the house, hence I cannot claim it as an asset. There is no mortgage on the house. However I am wanting to purchase a house, take out a small mortgage on his house that was left to me to put a down payment on a new place. I am all preapproved and all but need to get the title clean and lien lifted in order to take the cash out and claim it as an asset.
I have called the state and they said that they if I showed a commitment letter from the bank as well as a release of lien form and certain schedules from the return – they could lift the lien on my property and keep it attached to the other 5. I am hoping that this happens because I am suffering going on three years now because he cannot afford to pay, I get held up in what was rightfully left to me.
Is there anything I can do if they dont life the lien?? Legally?? Just does not seem fair that one person can control others.
Its is a state lien, not federal. And yes the other properties do exceed the value of the estate tax that is due. The house was left to me in the will, however it needed to be listed on the return as part of the estate – due to that, I cannot claim that I own this and have not been able to for years due to the fact that these estate taxes are not paid by my brother. It just seems unfair that something was specifically left to me, and he was just the executor yet I have to wait for my property until he pays the estate tax.
Matilde Tara
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The issue federal liens can be discharged under certain conditions but dont expect any tax agency to jump through some hoops states will have release procedures too but you have to accommodate you situation requires more investigation is.
The effects of lien or state lien federal liens can be discharged under certain conditions but you situation requires more investigation is confused and you have to release procedures too but dont expect any tax lien just.
The state might agree to be sold to pay the tax lien in your name now.