Legal Question in Wills and Trusts in New Jersey
probate and property taxes
I lived with my mother in her house prior to her death.
She left the house to me in her will. She has been deceased for 8 months. My brother-in-law is the executor. He refuses to pay the property taxes on the house because it is my primary residence. But I do not have any benefit of ownership, the house is not in my name and the bill is to ''the estate of ...'' Who is responsible for paying taxes?
3 Answers from Attorneys
Re: probate and property taxes
I have read what the other attorneys said.
I think you should get an attorney to assist you by pushing your brother to take care of the Estate, get the Deed to put ownership into your name, and to deal with whatever else your Mother had, and then finish up the Estate.
If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: probate and property taxes
If the house was specificly given to you in the Will, you are responsible for the real estate taxes because you own the house (not the estate).
While you are the legal title holder right now, you should have the executor prepare a new deed reflecting the fact that you are the new owner (an executor's deed). This will help with any questions re: the title, tax bills, etc.
Re: probate and property taxes
I AGREE WITH JON, THAT THE WILL HAS MADE YOU THE OWNER (ALTHOUGH A DEED WILL BE REQUIRED TO FORMALIZE THAT) AND YOU ARE RESPONSIBLE FOR ALL CHARGES RELATING TO THE HOUSE, FOR ALL PERIODS FOLLOWING YOUR MOTHER'S DATE OF DEATH. A QUESTION MAY BE RAISED ON ANY UNPAID BILLS THAT ACCRUED PRIOR TO YOUR MOTHER'S DEMISE, BUT WERE NOT BILLED UNTIL AFTERWARDS. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT TO BE CONSIDERED AS LEGAL ADVICE OR TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP.