Legal Question in Wills and Trusts in Illinois

Re: executor not paying realestate taxes

Much more information is needed. Has a probate been opened? How long have the taxes gone unpaid? If there's a mortgage, is there an escrow account for the payment of taxes and insurance? Did the bank pay the taxes? Have the taxes been sold? As you can surmise, a lot more information is needed. Please call to discuss this problem. Title to a $1,000,000.00, house cannot pass to anyone without it being probated. It seems to me that this house should be sold.

Re: executor not paying realestate taxes

Thank you for your question. The first issue is whether there is actually enough assets to pay the real estate taxes? If there is not enough cash available, what is the reason for that?

If the executor has wasted, stolen, embezzled etc cash that belonged to the estate, you (eg, the heirs) may have a claim against him. If this is simply a matter of the estate not having enough money, then it may just be that the home or some other assets will have to be liquidated.

In the event the home is to be sold the balance remaining after paying off the mortgage, taxes and costs will go back into the estate. If the mortgage owed exceeds the amount at which the home is sold for, the estate (not you or the exector) will be liable for the deficiency. At that point, you may wish to consider a estate bankruptcy, which is somewhat common.

I would be happy to discuss with you. Please feel free to email me: [email protected]