Legal Question in Wills and Trusts in New York
Tax Liability?
My parents passed away in 1991 with no will. The only asset was their home where two sisters continue to live. They never probated the estate and the house and all utilities are still in my parents name. My sisters are paying the taxes but I believe they are still using senior citizen and/or veteran exemptions that my parents had on the property taxes. My sisters and I do not speak to each other and I am not interested in any proceeds from the estate. But as an heir, can I be held liable for any back taxes and penalties if the county tries to collect?
3 Answers from Attorneys
Re: Tax Liability?
You should get the ownership correctly recorded now; it will save heartaches when the house is sold.
If there is a Will, get it probated.
If not, get an Administrator appointed and get the paper work done.
From what you say, this is subordinate to the money issues.
The unpaid ill come out of your pocket when the house is sold.
Re: Tax Liability?
It musy be difficult being shut out of the home where you were born and raised. You do have rights to personal items and you may "negotiate" with your siblings (you sign over your share of the estate for any personal or other items you have a connection to).
With regards to your question, the answer is that you have no liability on any level. Your siblings are in violation of the tax laws. But if you do not sign any tax documents or participate in their making, you have no liability.
Any unpaid taxes will either be paid in cash by the owners of the home (you or your siblings) or the county/state tax authority will sell the home and take the money from the sale price. The county/state will not seek to secure the money from any person, especially not you.
If you do nothing, no one will look to you for money. On the other hand, you may want more than this. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Tax Liability?
Yeah, I would think so, and it might affect such things as getting a hunting license!!! However, taxing authorities generally go after the house first and that satisfies the tax liabilities...
http://www.reasonable-doubt.com