Disputed Property with Tax Lien

[Lynn Long]

Jurisdiction

Tennessee

Twenty years ago, my mother asked me to buy a piece of property adjacent to her land. I did, and I finished paying for it just before she passed away. She died without a will. My brother (and I use the term loosely) now says that he can take half of this land because the deed says and instead of or.

Now, the kicker; there is a federal tax lien on this property. I had just started legal proceedings to fix the tax problem, but paused that process when I found out what he planned to do. If I just leave the lien, can he still try to take part of the property?

 

[army judge]

Twenty years ago, my mother asked me to buy a piece of property adjacent to her land. I did, and I finished paying for it just before she passed away. She died without a will. My brother (and I use the term loosely) now says that he can take half of this land because the deed says and instead of or.

Now, the kicker; there is a federal tax lien on this property. I had just started legal proceedings to fix the tax problem, but paused that process when I found out what he planned to do. If I just leave the lien, can he still try to take part of the property?

Condolences on the passing of your mother.
Talk to a lawyer in your county if the land is that important to you.
The lien won't affect either of you until you try to sell the land, if he's added to the deed.
Frankly, selling the land would also resolve the issue.
After the Feds take their cut, you and he split the few dollars left.

 

[txls]

My opinion(for whatever it's worth) is that he would only be entitled to 1/4. You currently own 1/2 and if you are the only two heirs, then you would each inherit 1/2 of her 1/2.

 

[army judge]

My opinion(for whatever it's worth) is that he would only be entitled to 1/4. You currently own 1/2 and if you are the only two heirs, then you would each inherit 1/2 of her 1/2.

"My brother (and I use the term loosely) now says that he can take half of this land because the deed says and instead of or."

That makes sense, but apparently the deed wasn't recorded to reflect such a distinction.