Legal Question in Tax Law in Texas

Tax Leins

We own no property. We have tax leins. My mother owns a piece of property fee and clear that will be willed to me on her death. Our son will build a house for us on this property. If the structure is in our name, is it subject to lein by the IRS if is built on property that does not belong to us? If it can, what could a lein force us to do?

Thank you.


Asked on 9/12/02, 11:36 am

2 Answers from Attorneys

Robert Forrester Gibson, Ochsner & Adkins

Re: Tax Leins

have the decedent leave the property to a spendthrift trust. Disclaimer won't work for federal tax purposes. Proposed decedent must rewrite will immediately leaving the property to a spendthrift trust with remainer to grandchild(ren).

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Answered on 9/12/02, 12:05 pm
Lawrence Maun Lawrence J. Maun, P.C.

Re: Tax Leins

Any property you own will be subject to the IRS lien. This lien creates a security interest for the IRS, which if they want to, they can foreclose and take the property. Your mother could leave the property to your son. As long as your son does not get in financial problems the property would be safe from the liens. Larry Maun 713.266.2560

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Answered on 9/12/02, 4:48 pm


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