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

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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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney