Brooklyn, NY asked in Estate Planning, Real Estate Law and Probate for New York

Q: My stepbrother and I are Executors of our parents estate. I am to get the house which is paid for & 25% of money.

My stepbrother is to get 50 percent of the money, Here’s the issue:

My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.

He said the house is a part of the estate and that the money from the taxes have to come from the estate (the house ). Isn’t the cash a part of the estate as well?

Why is the back tax money coming from the house and not being taken out of the money that is to be distributed?

1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.

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