How Should I Dispose of My Deceased Mother’s Property?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My mother died without a will and owing lots of money to creditors and the IRS. Her car which has an IRS lien against it is in my driveway. How can I get rid of the car? The IRS will not talk to me.

You can probably just do nothing and wait for the IRS’s repo man to come take it. But that might never happen. If it’s just in your way, you can move it (I assume you have the keys).

But if you want to sell it, that will get tricky. You would need to put your name on the car’s title, and even if you can do that, you’d then be personally liable for the debt (up to the value of the asset). Better to keep your name off, unless the debt is less than the value of the car.