Gilman, WI asked in Tax Law and Probate for Wisconsin

Q: Who is responsible for real estate property taxes on a Home being held in a testamentary trust for minor children?

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2 Lawyer Answers
Thomas B. Burton
Thomas B. Burton
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was set up to hold the home and pay for the care and maintenance of the home while the children are minors.

A: The trust almost always pays those taxes in that situate but it could deviate if drafted to do so.

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