Legal Question in Wills and Trusts in Virginia
Paying Property Taxes
Thank you for responding to my situation. I think I should clarify that the only distributions I have left to make are the ones to my siblings and myself. Our father left very few bills. So when you refer to closing the estate, paying my siblings and myself will close it in that sense. How, though, can I determine how much money to hold back for property taxes due every year? Also, if you could see question ''4'' again, as to what happens if only one or two siblings pay the taxes. Can the property automatically go to the 2 who pay the yearly tax? The siblings are expecting the rest of their money, but it is clear to me a number of them won't have the money for their portion of the property tax and that two of us will have to pay the whole thing, and we don't think they should receive the benefit of what we have been paying. Thanks again.
1 Answer from Attorneys
Re: Paying Property Taxes
No, you cannot hold estate funds indefinitely to pay property taxes as
final distributions must be made, a final accounting or report filed with the commissioner of accounts and the estate itself formally closed out.(And, you do not close the estate out merely by making the final distributions to yourself and siblings.)
If whatever number of siblings cannot pay their fair shares of the property taxes, the ones who can will have to pay it, but will be able to sue for a judgment against the nonpayers. Once a judgment is obtained against the nonpayers, the payers will be able to record a lien against the respective interests of the nonpayers and if the amount is sufficient the lien may be foreclosed and the respective interests of the nonpayers in the subject property conveyed to the siblings who have continued to pay their disproportionate shares of the taxes.
The judgment could also be satisfied through other means such as garnishment of the wages of the nonpaying siblings or levy against their respecive bank accounts.
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