Q: I have had property for sale and have buyers for said properties, awaiting soil samples. These properties have had a
lien on them since late husband's death in 2011. I am the Executor of the Estate. My new husband and have jeopardized our own IRA's, savings, personal assets etc., not to mention penalties now owed to IRS to continue to maintain and pay all taxes, insurance, upkeep etc as my responsibility as Executor.........So says MY PROBATE ATTORNEY has counselled me to do. Now that the IRS has released the liens, they have informed us that we were given EXTREMELY BAD LEGAL advice, stating our Attorney should have informed us that REAL ESTATE PROPERTY will not be refundable to EXECUTOR for any payments and or fees and that we should have been TOLD this up front !!!!! Prior to spending $250,000.00 plus dollars to keep properties up????? Now this Attorney is back tracking and acting like he NEVER told us to MAINTAIN these properties and too BAD for us!! Can YOU ASSIST US?????
A:
Husband dies. Properties are in his name. You get appointed to administer his estate.
So far, so good.
You spent your money to try to get more out of the real estate.
If there was no will, you as widow get at least one-half plus widows award.
If you spent money to maintain or improve to sell, you need to file a claim to get paid by the estate.
If others stand to inherit, you have a problem because they may question your claim, especially since you didn't get the court's permission to incur expenses against the estate (your expenditures).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
