Ashburn, VA asked in Estate Planning and Probate for Pennsylvania

Q: Sister-in-law (executor) has not paid inheritance taxes after mothers death in 2017, what can I do to protect my wife?

My mother-in-law died Feb. 2017. Sister-in-law took will to courthouse Feb. 2018. Will was drawn up in Ohio, and does not meet PA standards, she needs notarized statements to authenticate mother’s signature. After 3 year she has done nothing. Court has no records that inheritance taxes have been paid. She is asking my wife for money to pay county and school taxes. My wife is not willing to make a fuss and does not want to hire a lawyer at this point. I and wife live in same house as sister-in-law on property in which my wife will inherit half. Have talked to court clerk and basically told will is in limbo until sister-in-law does something. Other than hiring a lawyer or asking court to change executors, what can I do to protect my wife from further expense from sister-in-laws inaction?

Related Topics:
1 Lawyer Answer
Michael Cherewka
Michael Cherewka
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: if your sister-in-law "took the Will to the courthouse" I will assume that your sister-in-law is the named executor. if that is the case neither you nor you wife can do anything other than (i) demand that she hire an estate attorney and finish the estate administration (including payment of the inheritance tax) ; or (ii) hire your own attorney and have her removed as executor due to her inaction to date.

Until then no one has clear title to the home, and if your sister-in-law is not paying the local property taxes you are at risk to lose the home to a Tax Sale

1 user found this answer helpful

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.