QUESTION
Can brother force me legally in any way to pay for the taxes but not receive anything on the sale of the property?
Asked on Apr 13th, 2016 on Estate Planning - Oregon
More details to this question:
My deceased father owned a property and it was sold in 2015 prior to his death. My brother was living with my dad and had power of attorney. The money from the property was then put into a joint checking account that both my father and brother's name was on. My dad's federal income taxes are due and he owes money for the sale of the property. My brother is trying to have me pay half even though I have not or will not receive any money from the sale of the property all of which has gone to my brother.
1 ANSWER
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You didn't say, but I assume your father has died; I also assume that your father was completely incapacitated before he died. If he isn't incapacitated, ask him straight up whether he wants your brother to get all of his estate when he dies. If that's not your father's plan, then lawyer up and do it fast, or you will never ever be able to think of your father without thinking about how your brother ripped you off. And no, on just the issue of the taxes, if you got none of the money, there is no way you owe any of the tax.
Answered on May 18th, 2016 at 3:37 AM