Can you remove someone from a title to Real Estate in order to avoid having the IRS seize the property?

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Can you remove someone from a title to Real Estate in order to avoid having the IRS seize the property?

My father has deeded property to my brother and my nephew. There is no mortgage on the property and my father owns outright. It is a right of survivorship but my brother is having problems with the IRS. If my father removes his name from the title and has the property going to my nephew, is that legal or illegal or not accepted? What can he do to protect this property that has been in the family for 200 years?

Asked on December 7, 2018 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Pay the IRS: that's how you protect it. Once you are aware of a potential debt, any property or asset transfer, unless it is for fair market value (e.g. your father or nephew paying your brother the fair value of his interest in the property), will be seen as "fraud" on any actual or potential creditors (like the IRS) and can be voided, or undone, so that the creditors can get to the property. You can't transfer ownership to avoid a known debt or obligation.


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