QUESTION
Will I be legally able to live on the property if I pay the delinquent taxes?
Asked on Nov 07th, 2013 on Estate Planning - Washington
More details to this question:
My father has passed away and he didn't have a will. He was a home owner. if I pay the delinquent taxes will I be legally able to live on the property? And what rights would my siblings have to the property after I pay the taxes?
18 ANSWERS
Edwin K. Niles
If he had no spouse, you and your siblings would appear to be the heirs, in equal shares. It appears the you will have to file a petition for probate in order to get title. You will have to work it out with the siblings about occupancy, sale, etc. See an experienced probate lawyer. Paying tax has nothing to do with occupancy.
Answered on Nov 12th, 2013 at 4:48 PM
Your father's property is more likely than not now owned by his legal heirs... including his children. If his wife survived, she also owns. No, paying the taxes does not give you the right to live there. The family or Estate should pay the delinquent taxes. You had best seek a lawyer to file for appointment as the Administrator of the Estate of your late father. You should also determine by independent appraisal, what the property is worth at the date of death. You could seek to buy the interest of your siblings or sell the property and divide the proceeds.
Answered on Nov 11th, 2013 at 9:01 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The same rights they have now. Paying property taxes doesn't give you a right to property. You can pay my property taxes too, if you like (sorry). You and your siblings are now co-owners of the property as tenants in common, subject to the need to properly administer your father's estate. One of your siblings could begin the administration of your father's estate and, as administrator, sell the property. Only once in my 15 years of doing this have I had to, but it is possible to evict a recalcitrant child so that property can be sold. It takes time and it wastes money, so don't make your siblings go there. If you live there, you should be paying the property taxes, insurance, and maintenance on the property. If you do, your siblings cannot ask you to pay them any rent. What they can do is administer the estate and sell the property out from under you, or (after administration, if for example you administer the estate and manage to avoid being forced to sell) sue for partition, which would result in the property being sold, after a bunch of court costs. If you want, just lay low, pay the taxes and insurance. You couldn't rent anywhere to live for that much money. Long term that doesn't solve anything, but it doesn't rock the boat, either.
Answered on Nov 11th, 2013 at 9:01 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you have other siblings and your father had no will .. the equity in the house needs to be split equally... AFTER paying the taxes and all costs of administration of the estate and his other debts, if any.Has anyone filed a probate action? (without a will that will be necessary to probate his estate) I would contact your siblings and ask them if they want to chip in to pay their portion of the back taxes or if they would allow you to loan the funds to the estate to pay the taxes and live there in lieu of interest on the funds until the estate can be administered, the house sold.
Answered on Nov 11th, 2013 at 9:00 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Your siblings have the same rights to the residence as you, whether you pay the taxes or not.
Answered on Nov 11th, 2013 at 9:00 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can legally live on the property NOW. But if the taxes are not paid, it will eventually be sold at a tax sale. ALL of you would lose whatever rights you have, at that point. Paying the taxes does not make you the owner. If the property is in your father's name, probate would be necessary to change that. All of the children would be equally entitled to the property, but that would include an equal obligation to pay taxes, insurance and upkeep. If you are interested in the property, I would contact your siblings and see if they would be willing to let you have it. Maybe they would let you buy them out for a reduced amount, factoring in your payment of taxes.
Answered on Nov 11th, 2013 at 9:00 AM
Depending on your father's marital status and if there are minor children when he died will decide on ownership of homestead property in Florida, regardless if there is a will or not. Presuming your father died unmarried and no minor children and no will, then the law distributes his property equally to his children. You do not own anyone's property merely by paying taxes, unless you paid back taxes at the appropriate governmental tax sale and even then there is a redemption period to take into consideration. To transfer your father's estate properly, you have to probate his estate in the probate court. You need to employ an attorney to find out your legal rights as facts and circumstances may determine ownership and rights.
Answered on Nov 11th, 2013 at 8:59 AM
There are three ways that the ownership of property can be changed: 1. Recorded title on the Deed; 2. Will; 3. Intestacy. Since your father did not leave a Will, you have to check the other two. If your father was the only name on the Deed, his property passes by intestacy. Each state has its own intestacy laws. If the real property is in Oregon, it goes all to surviving spouse (unless he left children from another woman). If no surviving spouse, all to children equally.
Answered on Nov 11th, 2013 at 8:59 AM
No, paying the taxes does not entitle you to the property. You may be able to claim for the taxes you do pay, but that doesn't, by itself, entitle you to the property. If everyone is agreed that you should receive the property, consult with an attorney specializing in estate matters an Estate Settlement Agreement.
Answered on Nov 11th, 2013 at 8:59 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Just paying the taxes does not give you the right to live there. If your father had no will, then the house passes to his heirs, who are determined according to his state's intestacy laws. In most states, these laws say that his spouse (if he had one at the time of his death) and his children inherit his property. You could get reimbursed for paying the taxes, but your payment does not give you the right to possess the house. You should talk to a local probate attorney to find out what your rights are in your state.
Answered on Nov 11th, 2013 at 8:59 AM
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You do not have a right to live there. The estate needs to be probated. Assuming your father was not married, then all of the children are the beneficiaries. The property will probably need to be sold in the probate. You should seek legal counsel to assist you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Nov 11th, 2013 at 8:58 AM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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Paying the property taxes will not give you any rights to the house - you will be a creditor of your father's estate and entitled to repayment. Assuming no surviving wife, you and your siblings are equal heirs. One of you will need to petition the court to be appointed the administrator of your father's estate. Legal fees and court costs for the whole probate process would probably be less than $2,000 assuming all the siblings can cooperate. Then the estate administrator can either sell the house, deed it to all the siblings jointly or one or more of the siblings can buy it. If the siblings can't agree on a joint ownership agreement ( in writing) the house should be sold.
Answered on Nov 11th, 2013 at 8:58 AM
Your father's estate will go to the children in equal shares. The estate will need to be probated.? Whoever pays the taxes may have a claim against the estate if the estate does not have enough money to pay. Consult with an attorney to start probate if there are assets.
Answered on Nov 11th, 2013 at 8:58 AM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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If your father did not have a will and if his spouse is no longer alive then the general rule is siblings share equally.
Answered on Nov 08th, 2013 at 4:40 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You each inherit an equal interest in the property.
Answered on Nov 08th, 2013 at 4:40 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Paying the taxes won't give you any greater ownership rights than your sibs have. Try to get all to agree on some disposition of the property.
Answered on Nov 08th, 2013 at 4:33 PM
Todd A. Van Es
Your father's land will have to go through an Arkansas probate before anyone is assigned any actual rights to live on the property.
Answered on Nov 08th, 2013 at 4:33 PM
Thomas Edward Gates
They will have the same rights as you to the property, regardless who pays the back taxes.
Answered on Nov 08th, 2013 at 4:32 PM