Lafayette, CA asked in Real Estate Law and Probate for New Jersey

Q: Several years ago, my brother inherited a condo in New Jersey that a close friend had left to him in her will.

Her estate went through probate and the executor confirmed transfer of the condo to my brother. There was no mortgage, but he has paid the HOA dues and property taxes each month since her death. He has not paid inheritance tax or requested a tax waiver from the county in which the property is located because he cannot afford to pay the $45,000 estimated tax. He is retired himself and on a fixed income, so I am trying to help him sort through what needs to be done so he can sell the condo. Any advice would be much appreciated.

Related Topics:
2 Lawyer Answers

A: More information is needed to determine what to do, but he needs both a good lawyer and good accountant.

A: inheritance tax is a lien on property. The New Jersey Estate Tax is due on the decedent's date of death and must be paid within nine (9) months in all cases. Any tax not paid within nine (9) months generally bears interest at the rate of ten percent (10%) per annum from the expiration of nine months until paid.

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.