Q: mother died. Left family home that I’ve lived in for 10 years, to me and brother. He’s executor. He won’t pay 1/2 taxes.
He hasn’t transferred title to us either. I pay all bills since I live here and don’t want to sell. If house was in our names, taxes would be less since I am disabled so my half would be lower. But I can’t pay $12,000 property tax bill alone. What do I do?
A: You could sue to partition the property, but that would just get the house sold, and the proceeds divided. Otherwise, you're looking at suing your brother periodically for his share of the expenses that you paid.
A:
The house belongs to the estate. It may need to be sold to pay taxes and other debts with the beneficiaries splittling the net proceeds. If not, the executor should file a Distribution Deed with the county clerk, transferring title to the beneficiaries. You may then sue for partition and sale or be bought out. You may also sue for partition and sale if no distribution is made for 24 months after the executor is appointed.
Please note that because one of two owners is disabled does not mean that the entire property is entitled to a lower property tax rate.
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.
