Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
A:
I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.
Possibly, you can speak with the tax collector's office in your county to explain your situation. Some counties offer hardship programs or payment options for properties in probate. While you may not be able to set up a formal payment plan, they might offer temporary relief or delay foreclosure proceedings. Ask if they offer installment agreements or other measures that could apply. Even if a payment plan isn’t formalized, some counties accept partial payments toward tax arrears. Regular partial payments could demonstrate good faith and possibly buy you time.
Michael David Siegel and Steven Warren Smollens agree with this answer
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A:
First of all, don't panic. I am not sure where the property or the probate court are located, but as a sole practitioner, I see this many times a year. Find a small law local firm to probate the will or administer the estate. Nothing is going to move quickly. Gather up all of the paperwork relating to her death, especially the delinquent tax bills and the death certificate. If you are in an outlying county (not NYC), you can likely enter into a payment plan with the town just to stop any foreclosure discussion.
Bottom Line-- take control, speak to an attorney and it will work out!!
Steven Warren Smollens agrees with this answer
A: The first answer is right. When you say that you are bogged down in probate court, your lawyer does not know what he/she is doing. You must get temporary or preliminary letters ASAP, which will be granted with this issue.
Steven Warren Smollens and Jack Mevorach agree with this answer
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