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LaGata8484 · Mar 7, 2010, 02:28 PM

My boyfriend recently discovered that his mother, deceased since 2002, willed him a time-share in FL (we are residents of PA). His brother, who predeceased their mother, was also named in the will as co-inheritor. The complex owners are claiming that they are owed $3,000 in back taxes. Does my boyfriend owe this money? Shouldn't they have petitioned the estate for the taxes?

Additionally, the first my boyfriend ever heard of this debt was three or four weeks ago. Can the owners of the complex already report this debt to a collection agency? My boyfriend has received NO paperwork regarding the ownership of the property, nor the existence of the debt.

Any advice you can give us would be appreciated!

Kate S.

JudyKayTee · Mar 7, 2010, 03:19 PM

What paperwork do you have concerning the mother's estate? I'm a little confused that he was deeded this property without his knowledge by terms of a will.

Once the property was deeded out of the estate the people who inherited (your boyfriend and his brother) became responsible for the taxes.

There are no laws or rules concerning time frames for reporting debts collection agencies.

Was the estate probated? Who was the executor? Did your boyfriend receive a final accounting?

LaGata8484 · Mar 7, 2010, 04:32 PM

Sorry about the confusion; we're confused, too! My boyfriend was NOT willed the property. Apparently, his name and his brother's name were given to the complex owners. Perhaps he was named as an emergency contact, or next-of-kin or something. He says that he does NOT remember signing anything in regard to the property or co-ownership, nothing.

Additionally, as her only survivor, my boyfriend was the executor the her will. The property was NOT mentioned in the will and everything in regard to the will has been completed, closed and finalized.

I just have a feeling that what these people are trying to do is questionable, if not illegal. My boyfriend knew nothing about the property, did not purchase it with his mother, and was not willed the property. His aunt (mother's sister) knew about the property, but had forgotten about it, and was the one who contacted my boyfriend initially, after the complex owners contacted her.

AK lawyer · Mar 7, 2010, 11:05 PM

It really looks like a problem with his mother's mailing address. The "complex owners" would have had to mail bills and such to her last known address. Do they have any record of what they mailed, when they mailed it, etc?

My boyfriend has received NO paperwork regarding the ownership of the property, nor the existence of the debt.

Ask for all documents relating to ownership, tax bills received by the "complex owners", as well as proof of mailing everything.

The estate may have to be re-opened to deal with this development, if it turns out there is any time share property actually belonging to the estate. If the estate no longer owns anything, consider telling these people that they are just out of luck because the estate was closed and they failed to make a claim in a timely fashion.

LaGata8484 · Mar 8, 2010, 05:25 PM

More information: Apparently, his mother executed a quitclaim deed. I understand the deed is sufficient to transfer "rights," i.e, ownership, of the property to my boyfriend. My question now is, does that also transfer "obligations," i.e. back taxes. If that obligation is transferred by the quitclaim deed, shouldn't it have been paid out of the estate? Can the property transferred in a quitclaim deed (which seems to me to be a "gift" of sorts) be rejected by the grantee (can my boyfriend say, "nope, didn't know about it, didn't want it)?

JudyKayTee · Mar 8, 2010, 06:48 PM

I question how the estate was probated and closed without full disclosure of this asset. Your boyfriend was the executor, right?

LaGata8484 · Mar 8, 2010, 07:11 PM

He was the executor, yes. However, he did not know that this quitclaim deed existed - his mother never mentioned it, not even to her sister, his aunt. So, it was probated and closed without it because no one knew about it at all.

He didn't know about it, doesn't want it now, doesn't care about it, and would have told him mother that he didn't want it if she'd asked.

AK lawyer · Mar 8, 2010, 11:36 PM

Originally Posted by LaGata8484

... Can the property transferred in a quitclaim deed (which seems to me to be a "gift" of sorts) be rejected by the grantee (can my boyfriend say, "nope, didn't know about it, didn't want it)?

Yes. If he were to do that, however, it would become property of the estate. If the estate is not re-opened, presumably it could be eventually sold for the taxes.