My deed does not show either of these. It has my mom's name "an unmarried woman" and my husbands name and mine "husband and wife" Nothing else.Maybe but maybe not. How was the property titled? Tenants in Common or JTWRS?
My deed does not show either of these. It has my mom's name "an unmarried woman" and my husbands name and mine "husband and wife" Nothing else.Maybe but maybe not. How was the property titled? Tenants in Common or JTWRS?
Without specific wording on the deed indicating a right of suvivorship, mom's portion will pass by intestate succession. I would suspect the brother's rights might be more of 1/4 than 1/6. (1/2 of 1/2 and not 1/3 of 1/2.)My deed does not show either of these. It has my mom's name "an unmarried woman" and my husbands name and mine "husband and wife" Nothing else.
That's what I figured.Without specific wording on the deed indicating a right of suvivorship, mom's portion will pass by intestate succession. I would suspect the brother's rights might be more of 1/4 than 1/6. (1/2 of 1/2 and not 1/3 of 1/2.)
Using my powerful math skills, I might say 1/2 of 1/3 = 1/6.But, it looks like worst case will be we will have to pay 1/2 of 1/3, which would have been my brothers interest in the house through inheritance.
I agree it is 1/4. Previously you wrote:
Using my powerful math skills, I might say 1/2 of 1/3 = 1/6.
Sorry I don't see that happening especially since the lien would need to be recorded against the property at a local courthouse.I could see this being a mistake. I could see brother filing out information forms as "owning" the home even though it was other family members who owned it...and the IRS just going with that.
The answer would be "Ma'am, we can't talk to you, the lien isn't against your ownership interest. She needs a POA as an immediate family member.However, I disagree that the OP cannot address the issue with the IRS. She would be addressing it by asking the IRS why they have a lien against her home when she and her husband owe no back taxes.
Its got to be an error of some sort, because brother was NOT on the deed in 2010. Mom was still alive at that point.Sorry I don't see that happening especially since the lien would need to be recorded against the property at a local courthouse.
The answer would be "Ma'am, we can't talk to you, the lien isn't against your ownership interest. She needs a POA as an immediate family member.
Pretend it IS an error. How would you fix it?Its got to be an error of some sort, because brother was NOT on the deed in 2010. Mom was still alive at that point.