Legal Question in Wills and Trusts in New York

My mother passed away in July 2009 and we sold her house in March 2010. My brother, who is the executor, has distributed most of the money from her estate. This week he email us saying "due to the current economic state of the county (they) cannot confirm the tax status of the home from the date of mom�s death through the date of sale. There is a definite possibility that additional taxes will be levied against the estate. The county requires an additional 24 months to confirm the amounts due. Therefore the estate will remain open until we get the clearance through the title company." I called the Assessors office and they said nothing was due.

My question is can a county or title company hold onto estate funds for that long? Do I have any options?


Asked on 5/30/11, 12:47 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

If there is a legitimate question that additional taxes may be due to cover the time up the date of sale, a title company can require a reasonable escrow be maintained until the issue has been finalized and resolved. How long this might take is anyone's guess, although 24 months seems excessive. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 5/31/11, 11:07 am


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