Legal Question in Wills and Trusts in Massachusetts

Re: Real Estate Taxes during Probate

As executor, you have a duty to protect estate assets, which will apply retroactively to the date of death once you are appointed. So, you need to pay the taxes to avoid interest and penalties. If there are no liquid assets in the estate right now, pay them out of your pocket and seek reimbursement later.

Re: Real Estate Taxes during Probate

There are a few questions I would need to know to advise you, but who owns the property now. If the real estate is part of the estate it should be paid by the estate if it has the money.

If the property is actually by deed owned by your wife or/and others then she may owe the tax or at least part of the tax.

The last issue may be the estate has no money to pay the taxes and the executor can't pay the taxes either so they are asking you to do it until the estate is able to sell the property.

You should ask the attorney why they sent you the bill or why they are asking you to pay the bill. if you do pay the taxes it should be with the understanding that amount is a claim against the estate.

Re: Real Estate Taxes during Probate

Usually what happens is that the executor pays the bill from the deceased unsettled estate. In essence, it is the beneficiaries of the estate that are paying the bill since the money the executor uses comes from the beneficiaries' share.

However it could depend on what's specified in the will and how many beneficiaries there are. If you're the only beneficiary, that could be the reason why the bill was sent to you.

Discuss it with the executor to find out what the situation is.

Re: Real Estate Taxes during Probate

Usually what happens is that the executor pays the bill from the deceased unsettled estate. In essence, it is the beneficiaries of the estate that are paying the bill since the money the executor uses comes from the beneficiaries' share.

However it could depend on what's specified in the will and how many beneficiaries there are. If you're the only beneficiary, that could be the reason why the bill was sent to you.

Discuss it with the executor to find out what the situation is.