[scarlett2000]

I inherited 51 acres in West Virginia from my father who has died in March of last year.
It is being transferred to me on Friday. The 2008 property taxes have not been paid.
The will is going through Probate Court in Georgia now.
Should the estate of my father pay the back taxes as the will is stated in fee simple for the property.

The will should be finished through probate court next month.

Thanks so much for any help you can give me.

[George_1950]

Welcome to AMHD. Are you the executor of the will? Before the estate closes, all bills must be paid. Submit the bill for payment and see what happens. It sounds to me as though it is a legitimate, estate expense.

[Jarkar]

Typically, at least in Illinois. Property tax is paid by the owner in possession. Meaning yes, the estate should pay for the time while your father was alive and owned it. Upon his death, the new property owner would be responsible for the taxes. If the estate was in a long court hearing, of some sort, the will may state how and whom pays at what time the calendar starts. If it does not spell it out, then you would certainly need to get an agreement statement if other family members are involved. And certainly seek your attorney's advice on this very tricky and confusing topic.

[scarlett2000]

Welcome to AMHD. Are you the executor of the will? Before the estate closes, all bills must be paid. Submit the bill for payment and see what happens. It sounds to me as though it is a legitimate, estate expense.

George,

My stepmother's nephew is the executor of the will. Go figure.

How do I submit the bill for payment? I contacted the probate court and was advised to hire an attorney.

There is also mineral rights on the property that the spouse is trying to take away from me. A check was issued in error last year and a letter was sent from the oil company asking to return the check or re-issue a new check for the amount as this was not meant for her. She has failed to due this also. I will also be sumitting this for payment also.

FYI--since his death, his wife has bought new kitchen table and chairs, new bedroom suite, new flooring for the house, 2009 new car and a new diamond ring (2 carot weight).

I know that there was money for the taxes and the oil check, but I am not sure if there is any money left over now.

Thanks so much for your advice.

[Fr_Chuck]

It should be paid prior to transfer, talk to them about having it cleared up before you take possession of it.

[George_1950]

My stepmother's nephew is the executor of the will. Go figure.

How do I submit the bill for payment? I contacted the probate court and was advised to hire an attorney....

Thanks so much for your advice.

Your stepmother's nephew must have been a trustworthy person for your father to name him as executor. Have you read the will? If so, re-read it; the will states the duties of the executor, one of which is to pay bills that are owed by your father and/or his estate. As in all legal matters, send the estate, in care of the executor, a copy of the tax bill and demand payment within, say 20 days. Send it certified. Send a copy of everything to the probate court. Check with the tax office after 20 days and if the bill is not paid, you will have to request a hearing before the probate court. That is why you were told to get a lawyer; the court should not offer legal advice.

I would assume your step-mother had the good sense to use her own funds, and not estate funds, for her purchases, but you never know without access to your father's records. The executor is a fiduciary, and has legal duties to all heirs of the estate.