I was named executor of my mother's estate and wasn't able to transfer the property into my siblings names due to one being underage, I soon after moved to California with my military husband. My three siblings still live in the home and have let the property taxes become delinquent. Today I was served with legal documents that I will be held responsible for the delinquent back taxes. They refuse to sell the property or let me buy them out of the property but don't want to pay for anything for the house such as repairs , upkeep, or taxes.
Schedule a consultation with a probate attorney. Have you probated your mother's will? As the executor you are responsible to the estate to protect all assets and property. The property taxes should be paid on the home that your siblings are living in. If the estate does not have the funds to maintain the property, then you must act in your fiduciary capacity to do what is best. ie. sell the property. Again, speak with a probate attorney on how best to proceed in this matter.
Sounds like a tough situation to be in, but you can get through it with help from an experienced probate attorney in the county where the tax suit is pending (or at least nearby. The role of Executor puts you in the driver's seat and responsible to the estate and beneficiaries for handling the estate affairs until you ate discharged(if you were appointed). Talk to an attorney right away!
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If you are wanting to sell the house, but your siblings will not agree, you may be able to file a partition suit to force a sale through the court. Also, if you have not submitted your mother's will for probate, that will also need to be done before the partition suit is filed. Speak with an experienced probate attorney to help you with the process.
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You probably should give a partition action and force sake of the home. Hire a lawyer without delay.
Don't ignore the tax suit. If the county forecloses, it will be sold at auction and the bid may only cover back taxes and legal fees. It will not sell for market value.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
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