Legal Question in Wills and Trusts in California

Insolvent estate with taxes owed

In handling the probate of my mom's estate I find that she owes quite a bit of back taxes (more then her assets). Her only assets are her house (with tax liens on it and no mortgage), a little bit of furniture and only a couple hundred dollars of liquid assets. Can I pay myself first for probate court costs and legal fees before the back taxes are paid? How about funeral expenses; is this before taxes? Being most likely an insolvent estate with little liquid assets I do not want to incure legal expenses that I will be responsible for otherwise I would hire an attorney.


Asked on 3/15/01, 2:21 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Insolvent estate with taxes owed

Check Probate Code section 11420. If there are tax liens against the home, these may take priority. Otherwise, the IRS allows costs of administration and funeral expenses to be paid ahead of taxes owed for which no lien exists.

Read more
Answered on 5/24/01, 8:46 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California