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Sure, you can give away anything that you want. But recognize that if it's too blatant and within 2 years of death, the IRS may consider it to be a method of avoiding medical expenses and inheritence taxes and go after much of the property that was transferred. Instead of "Giving" a car away, write a contract that sells the vehicle "for $1.00 and other considerations". Such a sales contract is valid and there is no way to trace back what the "other considerations" were. * Foreclosure is against property that is been used to secure a loan, either mortgage, home equity, etc. There are not laws or taxation penalties that relate to the transferring of property from one relative to another, only tax penalties if the property is sold for less than the fair market value or if applicable appreciation of the value of property. Any property transferred or otherwise desposed of with the intention of protecting it from creditors can be viewed as a "fraudulent conveyance" depending upon the specific circumstances.

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Q: Can liquid assets vehicles and property deeds be transferred to family members before a foreclosure?
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Can the executrix collect her admisitrative fees from inherited property that was deeded to heirs prior to death?

Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.


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Yes, the estate can sell the property to non-family members.


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Our house is being foreclosed in Michigan can other property owned with a tenancy in common with family members free and clear have a lien put on it as a result of our foreclosure?

Yes, it is not unusual for a lender to seek additional security, in the form of a lien on other land or personal property, once you're in default on the original agreement. If the auction goes badly, they don't want to be left without payment of the outstanding balance. As a tenant in common, you have a separate ownership interest that can be attached and liquidated.


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