How do you borrow money to save property from delinquent tax foreclosure while it is also in estate probate in the State of Or.

Asked over 2 years ago - The Dalles, OR

2 property's, executor is only paying taxes on the home he resides and is to inherit. The second estate property is now in foreclosure for amount of $9000.00 Estate has been in probate for five years now. family settlement agreement was signed 2 years ago by all heirs of the estate including the executor of estate. executor wont file agreement nor will his attorney. I am a heir to this estate what can I do to resolve this? Can I borrow money or get a loan against my portion of estate to pay taxes and hire an attorney if I need to get this settled? can I file S.agreement to the courts myself? Is the executor of the estate negligent or is this The attorneys negligence ? What can I do to save my property and receive my inheritance A/S/A/P I live in the Sate of Oregon and don't have much time

Attorney answers (2)

  1. J Christopher Minor

    Contributor Level 14

    4

    Lawyers agree

    Answered . I am reluctant to provide any kind of answer, inasmuch as I suspect there is much more to this than what you have set forth above. As a general concept, an executor (we call them personal representatives now) has a fiduciary duty to look after the best interests of the estate as a whole, and to preserve and protect its assets. Is it possible the property in foreclosure has a value less than what is owed on it, so that it is not worth preserving?

    If that is not the case, the personal representative seems out of line, and the court might take a very dim view of of his failure to take care of the taxes, if the funds are available or could be obtained. However, I before you set out to send a letter to the judge, I strongly urge you to retain an attorney to assist you in evaluating the circumstances and dealing with the issue.

    If there is good reason to save the property, I suppose you could pay the taxes and file an administrative claim against the estate, but you must get some legal advice before taking any action of this sort.

    This comment is general in nature and is not intended as legal advice. It does not create an attorney client... more
  2. Joanne Reisman

    Contributor Level 16

    1

    Lawyer agrees

    Answered . It isn't clear if the property is also in Oregon. But, generally speaking the executor has a fiduciary duty to protect the property of the estate. Have you tried calling the attorney for the executor to see if he is aware of the tax issue? It is possible that there has been some type of agreement between the taxing authorities and the attorney for the estate. You can also try calling the taxing authorities to see if they are working on something with the estate. It is possible to bring the matter before the probate court, especially if the executor is not performing his duties as a fiduciary properly. Go and talk to an attorney and maybe the attorney can talk to the estate's attorney and get some answers for you. Attorneys are more likely to talk to other attorneys then to someone who is unrepresented. You attorney could also help you alert the probate court to the problem.

    There are often things that hold up closing an estate. So there may be other problems that you aren't aware of.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more

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