Legal Question in Wills and Trusts in Pennsylvania

My wife and I have been verbally told we are going to inherit a portion of a property. We will be one of several parties who will be partial owners. The estate is not yet settled, we have not seen anything in writing about the will and needless to say, have not signed a deed or anything yet. We have been told by the executor that there are property taxes due on the property. I believe the taxes should be paid out of the estate as an expense. The executor was given advice that the parties who will be inheriting the property should be paying the taxes.

The property in in NH, we are in PA and the other parties are in CT.

Who is correct?


Asked on 1/10/11, 6:54 pm

1 Answer from Attorneys

I have a lot of questions and you do not provide enough information. Where did the decedent live at the time of his death? If in NH, then you need to speak to a NH attorney as I am not licensed in NH can cannot begingto advise you of the laws of inheritance there.

Generally, any real property passes to the heirs and they are liable as to the property taxes, not the estate. See 20 Pa.C.S.A. � 301

� 301. Title to real and personal estate of a decedent

(a) Personal estate.--Legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the date of his death.

(b) Real estate.--Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code and lawfully by the will and to all orders of the court.

However, other states may view this differently with title to real property being vested in the executor. If that is the case, then the executor might be liable, but its critical to know in what state the decedent lived at the time of death..

Unless you were conveying the property, why would you need to sign a deed? If title is in the executor, then the executor would sign the deed transferring the property to the heirs.

You indicate that the executor 'was given advice" but you do not indicate by whom. The estate attorney? Some other non-lawyer?

Also, do not not rely on what you were verbally told (by whom?) If it was the executor, then ask to see a copy of the will. If he or she will not provide it., then go the probate court in the county where the estate is pending and get a copy of the will from the estate file. You will need to ascertain the costs if it is in another state and arrange to pay the probate court for the copy.

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Answered on 1/17/11, 4:56 pm


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