Chapter 20 - § 20.27 • LIENS AND TAXES

• Jurisdiction: Colorado

§ 20.27 • LIENS AND TAXES

The representative may prevent the foreclosure of liens on estate property in order to preserve it for the benefit of creditors and beneficiaries. C.R.S. § 15-12-814. Accordingly, he or she can use for this purpose any funds in the estate available for the purpose, so long as this does not discriminate against one beneficiary and in favor of another. The representative is under a similar duty to pay taxes to prevent the loss of the property by the estate. C.R.S. §§ 15-12-709 and 15-1-804(2)(r); Brown v. Comm'r, 74 F.2d 281 (10th Cir. 1934). If there is a mortgage or tax lien on a property at the date of death that is the subject of a specific devise, unless the will otherwise provides, the devisee takes the property subject to the lien and cannot demand exoneration from the rest of the estate. C.R.S. § 15-11-609; Ambrose v. Singleton, 356 P.2d 253 (Colo. 1960); Robinson v. Tubbs, 344 P.2d 1080 (Colo...