Legal Question in Wills and Trusts in New York

House in Probate

My mother recently died. In her will she left her house to my brother who has lived with her and she left all her cash to the other siblings. While the will isin probate, who is responsible to pay the property taxes?


Asked on 1/22/08, 11:55 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: House in Probate

I treat the house as passing to the heir immediately upon death, even though some technical elements, like a new Deed from the Executor, death taxes, if applicable, debt payment, etc., may delay the actual transfer of ownership. This makes the heir responsible for all costs from day one of the estate. Some people may consider the house in limbo during this time, making the costs of maintenance an estate charge. But if that is the case, and someone lives there, that person should be paying the estate the equivalent of rent, so I consider the matter moot, since operating costs paid by the estate would be paid from the rent - a wash to the heir.

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Answered on 1/23/08, 10:53 am


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