Legal Question in Real Estate Law in Massachusetts

Who is responsible for real estate taxes

Mom left the family home to my brothers, my sister and myself in her will. (she died last summer). Only my younger brother and I are still living in the house. Who is legally responsible for paying the real estate taxes?


Asked on 8/28/08, 7:33 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Who is responsible for real estate taxes

Who ever owns the house.

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Answered on 8/28/08, 7:57 am

Re: Who is responsible for real estate taxes

Without knowing all the circumstances, I will assume the two living in the home are adults.

Under these circumstances the owners are responsible for the taxes on the property; however as you two are occupying the home, the others are entitled to reasonable value of the their portion of the rent of the property. Accordingly, I would think you two should pay the taxes as a reasonable accomodation as part of your rent or in lieu of rent.

I would suggest if you intend to stay in the home for a year or more that a lease be drawn and executed outlining who is responsible for what and who pays for what.

Good Luck

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Answered on 8/28/08, 10:48 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Who is responsible for real estate taxes

As Jonathan and Henry have already pointed out, the legal owners of the home are responsible for the payment of taxes in proportion to their ownership interests.

As Jonathan also points out, all owners are also entitled to the benefits and profits of the property in proportion to their ownership interests.

You should come together and execute an agreement which sets out the expectations and obligations of the parties if this is to be more than a short-term arrangement.

A note of caution: if you were to simply pay the taxes as an accommodation without formalizing the relationship, the other owners could still seek their proportion of the rents in the future if they wish.

I am located in Quincy. Please feel free to contact me should you have any further questions.

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Answered on 8/28/08, 11:29 am


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