If my in-laws leave their home to their grandchildren or transfer title before death, can the IRS take it for a tax lien against their son?

I think he owes money for failure to pay company taxes. They are trying to avoid having the home taken from him. He lives in the house and it is not their homestead.

Asked on October 12, 2014 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Please go and speak with an attorney in person about estate planning laws and the best way to preserve the asset.  While an attorney can not advise you how to avoid a tax liability owed presently to the IRS (that would be fraud), it is not your in-laws debt and should they wish to preserve the asset for their Grandchildren perhaps it is best done through a trust, etc.  Good luck.


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