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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116166
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am receining money from an inheritence and my brother owed

Customer Question

I am receining money from an inheritence and my brother owed back taxes. They paid the taxes and used part of the siblings inheritence to settle the lien. Is that legal??
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
If the lien was on inherited property it was legal. If he used the money to pay a personal lien then it is not legal and you need to go to the probate court to file a motion to get that money returned to the estate for distribution.

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Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
That is somewhat useful. Let me explain it a little better. The house was part of the inheritence, but why is it legal that the attorney paid the funds out to clear the house, adn we are liable to pay his taxes.
Expert:  Law Educator, Esq. replied 8 years ago.
If the taxes were due on the inheritance, the house, then the estate is liable to pay those fees out of the estate funds and whatever is left goes to the heirs. The house title needs to be cleared before it can be transferred or sold and for that the estate is liable.
Customer: replied 8 years ago.
There are 19 people on the estate, is it just his siblings that are responsible, or everyone on the estate?
Expert:  Law Educator, Esq. replied 8 years ago.
The estate must pay all taxes and debts before ANY heir gets their share of the inheritance. If the siblings were to split the remainder of the estate while others were given a specific $ amount in the will, then they get the specific $ amount and the siblings split the remainder after all taxes and debts are paid.
Customer: replied 8 years ago.
All parties on the estate were to split the remainder. No specific $$ ampount.
Expert:  Law Educator, Esq. replied 8 years ago.
Then the money should have been paid by the estate and not just one or two individuals, unless the individuals agreed to do so.
Customer: replied 8 years ago.
Thank you that's what I was trying to find out. Just because we are his siblings they took it from us, and we did not know until they went to settle the estate and it was already paid out.
Expert:  Law Educator, Esq. replied 8 years ago.
You can move the court to recover the share from the other heirs. Of course it may cost you more to do this than you will receive back, but it is the liablity of the estate not the siblings.