Legal Question in Real Estate Law in New York
Two years ago my wife and I decided to move into my Mother in Laws home because she has dementia. I have a home a few miles away that I own with my sister. My Son lost his job and came up to live with my wife and me before we decided to move in with Mom.
I�m paying $1,300.00 to up keep that house with my sister. I didn't want to bang my Son over the head and charge him that much, so I decided that $900.00 would be OK. The rest can come out of my pocket. The reason we decided to move in with Mom was because my Wife's sibling's wanted to put Mom in a nursing home.
That would have wiped away everything, Bank accounts and Home. So we did it to save the Accounts and the home. Mom ended up breaking her hip and going to a nursing home for rehabilitation, a month later she broke it again because the Nursing home left her unattended. This time she didn't pull through, she passed on in Jan, 2011.
The family told us when we first moved in, that if Mom passes on; we can stay as long as we wanted. Well the beginning of this month the property taxes were due and my wife paid them out of Moms bank account, which has all 5 siblings names on it. The sibling's didn't like that. They feel we should be paying the Taxes.
We are already paying the utilities and the rest of my other homes up keep. We can�t afford another 10,000 a year for property taxes. The family had a meeting last night and stated that the taxes can come out of Moms account until 2013, being that the house is in probate. That gives us 18 months before the next tax bill.
The house has been in probate for the last 6 months. Maybe the house is in probate for the last 6 month because the family is suing the nursing home for neglect. So that means the house is still in Moms name.
Question is: Why should we have to pay the Property taxes? By law do we have to pay the property taxes? TIA for your help.. John
2 Answers from Attorneys
The taxes are the obligation of the estate. You did nothing wrong. But you have an acrimonious estate. Feel free to call me at 212-278-1471 to set uop a meeting to discuss. No charge unless you hire us. (The intake meeting is free of charge.)
I disagree with Mr. Connolly's simplistic answer.
Let's start with the obvious, you do not own the home. The home is owned by the estate. You are, essentially, a tenant.
Yes, the estate is responsible for the taxes. However, you are living in the home in consideration of an agreement between you and the family members that "the taxes can come out of Moms account until 2013." That is the terms of your tenancy (together with your upkeep of the house, etc.).
As an aside, I do not understand what is taking so long for probate. The issue concerning the nursing home has nothing to do with the house. In other words, the executor may sell and distribute the proceeds of the house while the negligence case is pending.
Mike.
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