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Abigail has an inheritance tax lien placed on all of her property. What kind of a lien is it?

Sagot :

Answer:

A general lien is one placed against any and all real and personal property owned by a particular debtor. An example is an inheritance tax lien placed against all property owned by the heir. A specific lien attaches to a single item of real or personal property, and does not affect other property owned by the debtor.

Explanation:

Inheritance tax lien is a kind of general lien.

What is Inheritance tax lien?

A percentage of a decedent's estate's value that is distributed to beneficiaries by will, heirs by intestacy, and transferees by operation of law is subject to inheritance tax. Depending on the heir's status relative to the decedent, there are different tax rates. Payments for inheritance taxes are due at the time of the decedent's death and become past due nine months afterwards. A 5% rebate is permitted if inheritance tax is paid within three months of the decedent's passing. The Tax Law encumbers the decedent's real estate upon death to guarantee the payment of any estate taxes owed. The decedent's death date serves as the effective date of the inheritance tax lien. For all dates of death, a release of lien is used unless the decedent and the surviving spouse were the only joint tenants of real estate.

The value of the property has no bearing on whether a release of lien is necessary.

What is general lien?

A general lien is the right of one person to keep any things or property that belong to another person that are in his possession until the promise or duty is satisfied.

It is the ability to keep someone else's property as payment for an overall account balance.

Brokers of insurance, bankers, factors, and High Court lawyers can all get a general lien. Without an express agreement to the contrary, the general lien of bankers, factors, wharfinger, attorneys, and policy brokers retains as a security for the overall balance of the account and any items that are to be bailed to them.

Service providers typically receive the broad lien privilege. These identification service providers reserve the right to keep the items that are given to them as bail in order to collect the overall balance of money that is owed by their client. This specific Section is very eager to restrict the use of general liens by stating that no one has the right to assert a general lien unless the parties have expressly provided for it in their contract.

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