Q: Can I file against my mom's estate for property taxes I paid on a home she had lifetime use of?
Mom had set up a deed naming me as remainderment (?) on her house and her having lifetime use of it. Prior to her unexpected death she had borrowed money from a friend to pay the property taxes due on it (22k). I then needed to borrow an additional 24k to pay remaining past due taxes after her death to avoid the house being foreclosed on by the county for delinquent taxes. I would like to sell one of her houses that has equity in it, but don't want it all to be sucked up by unsecured credit card debts that will have to be paid by the estate once liquid. Can I (or the friend we borrowed from) file against the estate for the tax loan amount? Would this take priority over credit cards? Thanks in advance!
A: You can file a claim, but if you are paying yourself, it is objectionable. It would not take priority over credit cards. While the initial taxes were a lien, you did not get assignment of a lien. Your claim is unsecured.
Barry E. Janay agrees with this answer
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A: If your mother owed you a debt for those then you can make a claim against the estate. Make sure you have as muhc documentation to prove the debt and hopefully the executor or administrator of the estate will recognize it as a debt justly due. It sounds like the debt was unsecured so you'd be at the same level as a credit card company.
1 user found this answer helpful
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