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Ask Barrister Your Own Question
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37081
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Can a will in NY be contested to be sure all back taxes are

Customer Question

Can a will in NY be contested to be sure all back taxes are paid.The will in ? has illegally filled on its rent and how many rentals it has onthe NY Satae star Progrgram for over 12 Years
JA: Contesting a will can be complex, but getting accurate information now will save you headaches -- and potentially heartache! -- down the road. Because laws vary from state to state, could you tell me what state is this in?
Customer: New York
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: My brother has handled our mothers Taxes and fillings. The property tax is discounted (NY State Star Program) The filling is false. They have kept no reciepts of how much rent collected and only claim 2 famliy when it is an illegal 3 family. If the state finds out they go back 7 yrs according to what I read refiguring income taxes and interest . My low guess is about 100,000 in back taxes and fines
JA: Is there anything else important you think the Estate Lawyer should know?
Customer: Not now
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


An interested party can contest the will on the basis of fraud, improper execution, or other grounds, but the executor of the will has a legal duty to pay all debts of the estate, including any back taxes, before any heirs receive anything. So he has to do that as part of his job.


But since it is the estate that would be liable for any back taxes or fines, if you are an heir, then you might be costing yourself money if you decided to pursue this with the court.





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