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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16328
Experience:  Licensed Texas General Practice Attorney
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My question is: My father passed away in April of 2016 and

Customer Question

My question is: My father passed away in April of 2016 and made my eldest sister executor of his trust. She has lived in his house prior to his passing and continues to live there. She does not hold a job and pays with belongings she has kept for herself. The trust states the house must be sold and is currently on the market. I have another sister and we are beneficiaries but our eldest sister will not communicate with us and her lawyer is not very forthcoming with information. Are we all responsible for taxes on this property if they become due before it sells? The property is in Indiana.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: We're not sure yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so..we just have a very vindictive sister and we just want to make sure we know where we stand legally. Thank you.
Submitted: 6 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 6 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. When you say "responsible for taxes" on the property, it's only the estate / trust that is responsible, not you personally. That is, you don't have any obligation to pay taxes on the house. It's the owner of the property that has that obligation, and if the property is in a trust, it would be the trust (through the trustee) that would be paying the taxes. Now effectively if the trust pays out everything to you, then constructively you're responsible, but only to the extent that you have an interest in the trust itself.

Now if your sister is dragging her heels and not acting to get the property sold, and you can establish that there were additional expenses incurred that would not have been incurred but for her dragging her heels (such as taxes in a new year that would be paid) then you could have a case against her for breach of her fiduciary duty. She has a duty to administer the estate quickly and not self-deal from that. Now to bring such a case you'd need a lawyer to file to remove her as executor / trustee so it's something that you would want to try to get handled without an attorney if possible. But if she's unwilling to do what she has a legal obligation to do, you would need to contact an attorney in your area that deals with probate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Expert:  ScottyMacEsq replied 6 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 6 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Expert:  ScottyMacEsq replied 6 months ago.

I see that you still​ have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 6 months ago.

Did you have any other questions before you rate this answer? Again, please note that I need you to rate this answer to close it out.

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