Does a beneficiary have to pay property taxes while real estatein is probate?
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Does a beneficiary have to pay property taxes while real estatein is probate?
My mother died with no Will and her entire estate is in probate; it has been so for 2 years. I am her only child and sole heir. The condo that she left (which I currently live in) of course is in probate. The city is demanding the yearly property taxes be paid even while it is in probate. I cannot afford to pay them until the estate is out of probate, so I asked if I could make arrangements to pay in installments as opposed to all at once. They told me no, because it is in probate and I don’t own it yet. However they are still trying to force me to pay.
Asked on June 30, 2011 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Are you the personal representative of the estate? Are you doing this alone? You may need some help. The Personal Representative of the estate - called the Administrator sometimes in an intestacy (dying with out a Will) - has the responsibility to pay the debts of the estate form the proceeds after marshaling (gathering) the assets. Was there any money in bank accounts, etc., that can be used to pay the taxes? You do not want a tax lien and then a judgement against the property. I would really suggest that you get some legal help here. It can be very overwhelming if you do not know how to navigate the forms and the law. Good luck.
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