What to d if when my grandfather passed he Willed his house to my mother but she can’t afford the property taxes?

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What to d if when my grandfather passed he Willed his house to my mother but she can’t afford the property taxes?

In the Will was the clause if she no longer lived in the house, it must be sold and the money split with her brothers. She is now facing not being able to pay the property taxes, so I told her I would pay the taxes but she would have to sign over to me. Do you think we can do this since there would be no exchange of money?

Asked on January 19, 2013 under Estate Planning, Tennessee

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The terms you describe are somewhat unusual.  Did your mother receive a life estate in the house?  If so, who receives the remainder after your mother is gone?  I think you need to take all the paperwork concerning this matter to an attorney in your mother's area.  It may be possible for you to pay the property taxes for your mother and recieve an interest, her interest, or the entire interest in the property after she passes away but a qualified attorney needs to look at this and make recommendations.

By the way, if you pay the property taxes there is an exchange of money.


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