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What happens to a lien on property when the owner dies?

Asked Jan 15, 2010, 01:45 PM — 5 Answers
My dad has a lien on his property for back child support in Texas. My dad passed away. What happens to the lien on his property?

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tickle's Avatar
tickle Posts: 19,611, Reputation: 12451
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#2

Jan 15, 2010, 02:28 PM
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Originally Posted by Dar4Amy View Post
My dad has a lien on his property for back child support in Texas. My dad passed away. What happens to the lien on his property?
It has to be paid off from the proceeds from the estate. Does he have a will and an executor?

Tick
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Dar4Amy Posts: 3, Reputation: 1
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#3

Jan 15, 2010, 02:38 PM
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Originally Posted by tickle View Post
It has to be paid off from the proceeds from the estate. Does he have a will and an executor?

Tick
Yes...he has a will. His wife is the executor of his estate. So that means that the lien will be paid from his retirement, insurance and etc. Before she gets any of the money.
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tickle's Avatar
tickle Posts: 19,611, Reputation: 12451
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#4

Jan 15, 2010, 03:16 PM
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Originally Posted by Dar4Amy View Post
Yes...he has a will. His wife is the executor of his estate. So that means that the lien will be paid from his retirement, insurance and etc. Before she gets any of the money.
Yes, it is better handled that way, don't you think. Then there is nothing left to worry about, such as unpaid debts.

Tick
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Fr_Chuck Posts: 72,965, Reputation: 37221
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#5

Jan 15, 2010, 06:31 PM


Well not insurance, insurance does not go into the estate as long as someone is listed in the policy to get it.

But basically if this is not paid, the house would be sold to pay the lien for the property to clear though probate, The lien will have to be paid to transfer ownership of the property
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Dar4Amy Posts: 3, Reputation: 1
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#6

Jan 15, 2010, 06:51 PM
Thank you for your help. You have been great.
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