Legal Question in Wills and Trusts in New York
Who pays taxes and home owners' assn fees
I was left a piece of property in my Grandfather's will in October. I was told my another family member that taxes and HOA dues were typically due in January. I called the lawyer and was told that they have not gone to surrogate court yet and will not for several months. So, obviously I do not own the land until I have a deed in my hand with my name on it. My question is in the meantime, who pays the tax and dues? In the will it says the executor is reponsible for all taxes, fees, etc. until the will be executed. Since it is supposedly going to be my land I was going to pay the $1000 fee, but I was told by someone not to - that mmy grandfather left an account that the executor shoul be using to pay all these things until the court transactions have been done. Thanks. The proceeds of that account go to another family member after all the bills are paid, so they have an ulterior motive to convince me to pay this fee now, before the land is actual mine. Any advice woul be great.
2 Answers from Attorneys
Re: Who pays taxes and home owners' assn fees
The estate is responsible for the house until either transfer of title or agreement.
Mike.
Re: Who pays taxes and home owners' assn fees
I respectfully disagree with Michael (and he may probably call me about this as he has done in the past when we disagreed), but it is my opinion that since the property was left to you by specific bequest, it became your property when the decedent died, not when a formal Deed is issued and recorded. Thus, you are responsible for all carrying charges from the date of death. The estate (Executor) has the responsibility to protect and preserve the asset, so it should pay these charges until settlement of the estate, but for your benefit and you may be responsible to reimburse the estate when the Deed is issued. I do not understand why the attorney has not probated the Will yet? Of course, if the Will specifically imposes these charges on the estate until settlement, Mike is correct. I have not seen the Will or read what it says about this, so my response is general, not specific to your question, and my response is subject to the language of the Will.
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