Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.
Here you would tell them that it was the decision of the deceased that the taxes be deferred and paid out of her estate.It is my belief that this was her decision and that she had capacity to make it.I would also point out that under the terms of the POA the Attorney-in-fact shall not have any liability for any acts done by virtue of this Power of Attorney, so long as the acts are done in good faith. The Estate of the Principal shall defend, hold harmless and indemnify the Attorney-in-Fact from all liability for acts done in good faith and not fraud of the principal.
It is your belief that you acted in her best interests and desires and that the estate and the estate alone is liable for the taxes.The estate here is the legal owner of the property and the unpaid debt.I respectfully ***** ***** pay this amount and it is my belief that under the POA I have no liability for following the directions and intentions of the deceased as POA.
Something like that, do it in writing here that you feel you don't owe it and see what happens.I think you can defend what you did in complying with the deceased person's desires.They are trying to push this debt off on you , legally I do not think they can prevail with this language.
I appreciate the chance to help you tonight.Thanks again.
I am sorry for the loss of your grandmother.
If you can rate 5 stars when we are done it is always much appreciated.
Yes it is in Washington.Again I don't think they can hold you liable here. You were trying to carryout the deceased's wishes.
Here under Washington state law as a Fiduciary you have a responsibility to act in her best interest. You can argue that you acted reasonably and prudently in their actions here, the need for her care outweighed the need to pay the taxes.I think a judge would agree here.
Again you may choose to respond to the executor and point this out here.I think the POA terms also support you as you cited above.