Does a beneficiary have to pay property taxes while real estatein is probate?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption