Legal Question in Wills and Trusts in New York

Re: left a home in will

Do you live in the house? If you live in the house you should be paying for taxes and utilities. If you do not live in the house, the estate would be responsible for the taxes and utilities.

Mike.

Re: left a home in will

Who is living in the house now. Is it vacant, is it insured. If it is vacant you have to get a special rider on the insurance policy for liability, fire, and property damage.

If there is rent, then the rent can offset the taxes and utilities.

speaking of utilities, if the place is occupied they should be paying the utilities.

Perhaps there is no money in the estate to pay the taxes and utilites.

The burden, by default passes to you.

If there is money in the estate it should be used to pay the taxes and minimal utilities.

The estate should be settled 6 months after the first date the will is filed in surrogate's court. So sometime in June, the property can be transferred to you.

Be on top of it, don't miss a day after the 6 months. Too much can happen.

Call up the attorney for the estate, and find out if there is liquid assets that can be used to pay the taxes and utilities, and demand that the estate pay these expenses.

Ask why hasn't the property been rented.

Ask if you can rent the property in the meantime, as it benefits you.

Inaction on your part only makes matters worse.

If the pressure is put on the executor, and the estate lawyer, you will be surprised how matters can be settled in your favor.

Jeff Lazroe - If you need any more information, or if you would like to add information to your question, please feel free to contact me.