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Does a Lien Go Away After Death?

Oct 8, 2020
2’ read
Probate
Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

If you jointly own property with someone it can get a little complicated when a lien is placed on that other person. What happens to that lien if they pass away?

R&H Litigation Attorney briefly goes over what would happen to that lien in the instance there is a death.

In Need of an Attorney? 

Give us a call at 303-688-0944 to set up a meeting with one of our attorneys. You can also schedule online when you click here.

Are You Responsible for Someone Else’s Lien?

It’s a common question: I own property with someone else, and due to some of their debt, a lien has been placed against our real estate. If they pass away, what happens to that lien? Am I responsible for it?

You are Protected

This is one of the best protections from creditors that exists. Since the property was jointly owned, if the other owner dies, then that property automatically transfers to the other owner.

Equally as important, the lien against the deceased property owner is no longer in effect.

Check for Exceptions

As is with many laws, there are exceptions to the rule. There may be special circumstances where this particular protection does not exist for you.

If you find yourself in a similar situation, talk with an attorney to make sure you are protected against the lien.

Talk with a Probate Attorney

Get in touch by calling 303-688-0944 or schedule yourself online when you click here.