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This is still a bit confusing. Consider this example: Sisters

 
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  • Answered by:N Cal Attorney
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This is still a bit confusing. Consider this example: Sisters Beth and Sue inherit property. Sue later dies, having willed her share of the property to her own children. Is that property then considered to have been "willed directly to the estate" (of Sue)? The point of this question is to determine whether rents/taxes on that property are the estate's responsibility.

 

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State/Country relating to question: North Carolina

Submitted: 336 days and 19 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
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Expert:  Est. Planning Beacon replied 336 days and 19 hours ago.

Good afternoon. Sue would be considered to have inherited this property at the original decedent's death and then it would become part of her estate upon Sue's death. Sue is considered the beneficial owner of the property at the date of death of the original decedent whether or not the property actually got distributed to Sue prior to Sue's death.

 

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Customer replied 336 days and 19 hours ago.

Thank you, XXXXX XXXXX answer is still not clear as to rents and property taxes.

I'm looking at Estate Procedure document AOC-E-850 section 7A. Real Property - Rents, Expenses:

"Unless real property is willed
directly to the estate, title to the land vests in the heirs, and passes
outside the administered estate. Accordingly, rents from those proper-
ties are not income to the estate, and estate funds may not be used to
pay real estate expenses, such as mortgages, taxes, insurance or utili-
ties."

Will property taxes be the estate's responsibility (handled by executor), with rents collected being deposited in the estate's accounts, or will that be outside the executor's duties, falling to Sue's children, with rents collected directly by Sue's children?

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Expert:  Est. Planning Beacon replied 336 days and 18 hours ago.

I'm going to opt out of this and let an expert in your state address this for you. Take care.

Customer replied 336 days and 18 hours ago.

Relist: Incomplete answer.

Accepted Answer

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Expert:  N Cal Attorney replied 336 days and 8 hours ago.

Under the statute that you quoted, Sue's children would be responsible for paying the property taxes and collecting the rents.

I hope this information is helpful.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 97.2 %
Accepts: 845
Answered: 5/8/2012

Experience: Since 1983

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Expert:  N Cal Attorney replied 335 days and 9 hours ago.

Thank you for accepting my answer.

 
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