Legal Question in Real Estate Law in California

Do I have to pay my deceased fathers past due property tax when I never received an inheritance from him?


Asked on 9/11/14, 10:51 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, someone needs to pay the property tax, or sooner or later the property will be sold for the unpaid taxes. Normally, it is the owner of the property who has both the responsibility for paying the tax and the personal financial interest in being sure the tax is paid. Apparently someone else inherited this property, since you didn't. Why not just leave the payment of the taxes to the heir and current owner? Or, are you possibly limiting your concept of an inheritance to an inheritance of money? Inheritances can consist of any kind of property, e.g., cash, bank accounts, antiques, automobiles, real estate, stocks and bonds, and a zillion other kinds of stuff, tangible and intangible. If you now own the tax-due real property, I'd say you probably inherited it, either by will or as a trust beneficiary.

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Answered on 9/11/14, 11:08 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Did your father specifically pass the property on to somebody else and not you in a will or a trust? If so, do you have any motivations to contest this transfer? Is the property just in limbo right now and not gone through probate? I need to know these to answer you question thoroughly.

Why? Because if there is any possible chance that you could obtain the property in the future, then you might consider paying the property taxes so it is not forced to be sold to cover the taxes.

If you received a property tax bill, are you sure you didn't inherit this property but just din't inherit other intangibles like cash, stock, bonds, etc.?

If you are the owner of the house, PAY the taxes. If you have not gone through probate yet (takes around 8 months) and you are certain to inherit the home through probate, PAY the taxes or you could lose the property.

If none of the above applies to you and somebody else was specifically given the property by your father, then they as the owners have to pay taxes.

KEY: Find out for sure that the property has not been passed to you or might be passed to you through probate.

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Answered on 9/11/14, 11:37 am


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