Bought tax lien, deceased owner in probate, who pays med bills?

[Denise Ortiz]

Hi, 

So I just got the OK from the govt to start foreclosure on a tax lien... I've done this b4 and have an attorney but I would love a response before the weekend is over because I am FREAKING OUT! She passed away in 2013, probate open in 2016, same year it was open, they put a claim on her probate for $150K. Do I need to worry about this debt? It's not attached to the property directly but to the estate of the deceased. They have a probate attorney. Please let me know. Thanks! 

[Tim Winter]

@Denise Ortiz tax liens take precedence over almost all other liens, even IRS, and it would be difficult for the medical liens to take priority over your claim, even if they were "first in time, first in line". I know in CO, AZ and CA that is still the case, and why every lender requires taxes be kept current. The creditor will have to present their claim to the probate judge and that may delay your foreclosure. Typically you only have to worry about another tax lien holder being in front of you, or an unknown title holder coming back during redemption period.

Definitely check with your local laws, as every state is different.