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Any Estate or Property tax Attorney's HERE?

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Any Estate or Property tax Attorney's HERE?

Old 08-10-15, 03:46 PM
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Any Estate or Property tax Attorney's HERE?

If so please post so I can ask a long complicated question.

Thanks
Old 08-10-15, 04:09 PM
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Re: Any Estate or Property tax Attorney's HERE?

I would give it a shot, but ....

Originally Posted by Nick Danger View Post
A real attorney will decline to give advice to a stranger from another state on an internet forum.
Old 08-10-15, 05:28 PM
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Re: Any Estate or Property tax Attorney's HERE?

I can appreciate that. The thing is this...

A buddy of mine mother passed away 7-8 years ago. She didn't have a will. He has 3 other siblings and they don't all see eye to eye if you know what I mean.

My buddy was living in the house for some time after the loss of his mother. Eventually his sister wanted him out so he left. Mind you no one else was living there but him .

The siblings got together and let his son stay there which he has ever since .

Well he got a notification thatt there is a tax lien on the house and will be auctioned off if not paid. The house is completely paid off no mortgage and is estimated value is around 280K.

The back taxes come out to about 17K .

From what I understand when someone passes away with no Last will and testament the surviving children go through probate to claim what's theirs unless not everyone one agrees then Istanbul a pain in the ass.

He has the money to pay all the back taxes in full amount but I advised him even if he did that it's doesn't mean the judge will award him the house and he's left high and dry.

What would be the best course of action for him to take?
Old 08-10-15, 05:35 PM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Larry C. View Post
From what I understand when someone passes away with no Last will and testament the surviving children go through probate to claim what's theirs unless not everyone one agrees then Istanbul a pain in the ass.
It certainly is.
Old 08-10-15, 05:42 PM
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Re: Any Estate or Property tax Attorney's HERE?

From what I understand when someone passes away with no Last will and testament the surviving children go through probate to claim what's theirs unless not everyone one agrees then Istanbul a pain in the ass.
Tell us more about what happened to you in Istanbul.
Old 08-10-15, 06:09 PM
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Re: Any Estate or Property tax Attorney's HERE?

Lol who the he'll know what I was thinking about there. Ha
Old 08-10-15, 06:27 PM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Th0r S1mpson View Post
Tell us more about what happened to you in Istanbul.
That's nobody's business but the Turks.
Old 08-10-15, 06:55 PM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Larry C. View Post
I can appreciate that. The thing is this...

A buddy of mine mother passed away 7-8 years ago. She didn't have a will. He has 3 other siblings and they don't all see eye to eye if you know what I mean.

My buddy was living in the house for some time after the loss of his mother. Eventually his sister wanted him out so he left. Mind you no one else was living there but him .

The siblings got together and let his son stay there which he has ever since .

Well he got a notification thatt there is a tax lien on the house and will be auctioned off if not paid. The house is completely paid off no mortgage and is estimated value is around 280K.

The back taxes come out to about 17K .

From what I understand when someone passes away with no Last will and testament the surviving children go through probate to claim what's theirs unless not everyone one agrees then Istanbul a pain in the ass.

He has the money to pay all the back taxes in full amount but I advised him even if he did that it's doesn't mean the judge will award him the house and he's left high and dry.

What would be the best course of action for him to take?
I'm not a tax attorney ore estate attorney. However, I do a lot of work with estates. While there is no guarantee that he gets the house from a judge, he would almost certainly get that money credited to him. This will be a fucked situation because it has been so long, but they need to get an attorney. They obviously have the equity to afford one, but this doesn't get easier as time goes by.
Old 08-10-15, 08:54 PM
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Re: Any Estate or Property tax Attorney's HERE?

In general, the house will have to be probated. Since dead lady had no will (she died "intestate") the house will pass according to that particular state's laws of intestacy. In general, this will mean the house will pass equally to each of her kids. The kid who stayed in the house (presumably not paying rent the whole time) will owe the estate for the fair market rental value of the house while he stayed there. Same for any other siblings that may have stayed there without paying rent. He may be able to claim offset for any improvements he made to the house. Someone needs to get in contact with the tax authorities. It is possible the taxes will be abated (postponed) if the authorities know the house will be probated. At worst, someone is going to need to pay the tax. This person will be entitled to reimbursement from the estate for the amount of the tax paid.

Your buddy almost certainly needs to find a local probate attorney right away. The attorney will likely be paid from the estate AFTER the house sells, so there should be minimal upfront cost to get the process started. If your buddy hires that attorney, he gains the inside track to become the administrator of the estate, which has advantages and may entitle him to payment from the estate for his services.
Old 08-10-15, 09:58 PM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Larry C. View Post
I can appreciate that. The thing is this...

A buddy of mine mother passed away 7-8 years ago. She didn't have a will. He has 3 other siblings and they don't all see eye to eye if you know what I mean.

My buddy was living in the house for some time after the loss of his mother. Eventually his sister wanted him out so he left. Mind you no one else was living there but him .

The siblings got together and let his son stay there which he has ever since .
Given that him and his son have lived rent and presumably any other housing cost free for eight years, I would think the decent thing to do would be to pay the taxes in full. The house should then be sold with the money being divided equally between the kids. Alternatively, one sibling could buy out the others for a fair price. The other siblings were generous enough to let him stay there, the least he should have done is pay the taxes, which he didn't do.

This obviously isn't a legal opinion, but just my thoughts on being a decent sibling. This opinion changes if there were issues not divulged (like he took care of his mom for twenty years while none of the other siblings even talked to her, etc).
Old 08-10-15, 10:57 PM
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Re: Any Estate or Property tax Attorney's HERE?

He needs to talk to a real estate attorney ASAP.

Does your friend want the house in his name only? If so he needs to talk to the attorney and to his siblings, take out a mortgage, and pay off the siblings (approximately 1/4 of the value of the house each, so roughly $70k each). This is assuming they don't mind him buying the house - that is, that none of them wanted it.
Old 08-11-15, 12:36 AM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Larry C. View Post
I can appreciate that. The thing is this...
I admire your "oh, fuck it" attitude.
Old 08-11-15, 01:03 AM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Abob Teff View Post
I admire your "oh, fuck it" attitude.
So do several residents of Istanbul.
Old 08-11-15, 02:28 AM
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Re: Any Estate or Property tax Attorney's HERE?

This situation will almost certainly require the hiring of an actual estate lawyer if the other siblings aren't getting along.
Old 08-11-15, 05:11 AM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Heat View Post
He needs to talk to a real estate attorney ASAP.

Does your friend want the house in his name only? If so he needs to talk to the attorney and to his siblings, take out a mortgage, and pay off the siblings (approximately 1/4 of the value of the house each, so roughly $70k each). This is assuming they don't mind him buying the house - that is, that none of them wanted it.
Yeah, this won't work because they will be unable to pass clear title to any buyers (dead lady is dead and she won't be signing anything anytime soon). A real estate attorney will not be able to get past this hurdle. The house has to be probated in order to pass clear title.
Old 08-11-15, 05:34 AM
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Re: Any Estate or Property tax Attorney's HERE?

So buddy and his son lived in the house for 7-8 years which now has a 17K tax bill? The taxes accrued at about $200/month. Seems like buddy and son should be paying the taxes on their own since they paid no rent.

Of course, there is a lot of information missing to really understand what is going on:

1) How did buddy end up living in his mom's house? Was he living there when she died or did he move in after? If he moved in after, what arrangement, if any, did he have with the siblings?
2) If his sister wanted him out and he left, why on earth would they agree to let buddy's son suddenly move in? And, again, they allowed this WITH NO RENTAL AGREEMENT?
3) Why was the sister allowed to decide that buddy had to move? She made no attempt to petition the court to administer the moms estate? What gave her the "voice" of the family?
4) If rent was never discussed between siblings and son/nephew, I think it would be difficult for a judge to rule that they should pay fair rent. That is the responsibility of the estate administrator, a job that no one bothered to petition the court to undertake.
5) Where there any other assets from buddy's mom that were part of the estate? Financial accounts, etc.? Were those all payable on death or handled already? Any accounts solely in her name or without beneficiary designations would fall into probate.
6) How was the house titled? Was it solely in buddy's moms name? Is buddy's dads name on the title? If so, is he alive? Was buddy's mom a widow? These questions need to be answered by your buddy to figure out the appropriate way to handle the house.

Regardless if he pays the back taxes or not, the judge will not award him the house, as it is not his. It belongs to his mother's estate, which has four beneficiaries (based on what you say). If he pays the back taxes, he will stop the interest/late fees and he will have a claim to get the taxes paid back to him upon settlement of the estate, which will be when the house is sold.

In general, ResIpsa is correct. Someone needs to hire a probate attorney and get this matter into probate ASAP. Whoever petitions will have the upper hand to administer the estate. Notification will go out to all siblings that a petition was submitted and then they can argue in front of a judge if they don't agree who should be the administrator. But remember, legal arguments cost $$$ if lawyers make them. Buddy needs to talk to his siblings and determine the cost/benefit from arguing with each other.

Last edited by Robertwoj; 08-11-15 at 05:39 AM.
Old 08-11-15, 10:48 AM
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Re: Any Estate or Property tax Attorney's HERE?

Is the house haunted? This is very important ...
Old 08-11-15, 10:50 AM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Heat View Post
He needs to talk to a real estate attorney ASAP.
Originally Posted by PhantomStranger View Post
This situation will almost certainly require the hiring of an actual estate lawyer if the other siblings aren't getting along.
Originally Posted by ResIpsa View Post
Your buddy almost certainly needs to find a local probate attorney right away.
Originally Posted by Robertwoj View Post
In general, ResIpsa is correct. Someone needs to hire a probate attorney and get this matter into probate ASAP.
Looking forward to future updates after this reasonable and common sense advice is ignored.
Old 08-11-15, 10:58 AM
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Re: Any Estate or Property tax Attorney's HERE?

Buy the house when it goes up for auction. Rent it to your buddy.
Old 08-12-15, 03:21 PM
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Re: Any Estate or Property tax Attorney's HERE?

Originally Posted by Th0r S1mpson View Post
Tell us more about what happened to you in Istanbul.
navigating the byzantine estate laws are always constantinople and not worth the hassle of doing it on your own. Get a lawyer.

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