Q: My sister passed away in 2008 with my daughter as executrix. The house was to be sold per her will and money divided.
She divorced same year and has been living in home rent free. I received a letter from the Probate office soon after her death and got nervous and signed a paper so I now pay the property taxes. She got upset and said that I should not have done that. To end this long story, will not probated, taxes paid by me since 2008, daughter behaving badly since 2014. I want her to begin paying taxes and want nothing if house is sold. What do I do?
A:
A Will is not valid unless it is probated within 5 years of the date of death. The property would pass by intestacy. If you are a legal heir of your sister (an attorney would need more information on the family to advise you specifically), you may have a claim to the property (and you would be an heir before your daughter).
I do not see how you have any legal obligation to continue to pay property taxes. In order to protect yourself should your daughter claim you have assumed an obligation, I would send her a letter stating your intent to no longer pay taxes and then stop paying them. If she does not pay them, then she will have to deal with the legal consequences of that decision (i.e., a tax sale).
This answer is not intended to provide legal advice, nor does it establish an attorney client relationship. If you would like to receive specific legal advice, you need to formally retain an attorney.
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