Legal Question in Wills and Trusts in Pennsylvania

My uncle passed away a year ago & left me as his sole heir. His executor of his will has informed me that the inheritance tax & his legal bills have to be paid before the house comes in my name. She told me the 40,000 has to be paid next month or the house will have to be sold. She also said they can hold her responsible for the inheritance tax.Can she have me removed from these premises or can some type of payment arrangement be made to pay off the tax thats owing?


Asked on 5/19/10, 12:17 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

It is true that the inheritance tax & his all of his debts, including legal bills and other taxes, have to be paid before the house can be transferred to you. The executor may be personally liable if she transfers assets without paying debts of the estate. This is true even though you may owe the inheritance tax.

You should get more detailed information about what goes into the $40,000, and why so much has to be paid next month.

There is currently a PA tax amnesty that runs until June 18, 2010, which could save penalties and some interest on some taxes. You may look into that at

https://www.pataxpayup.state.pa.us/pdor_ta09b2b/resetSession2.do?Standalone=yes&showmodulename=false

If there are other assets in the estate, those may be used to pay debts and taxes.

If the house has to be sold to pay the estate debts, you do not have to vacate it until a legal eviction or ejectment process has been completed. You should receive formal legal notices if an eviction or ejectment is begun.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/24/10, 2:15 pm


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