'It's not Fair': My Twin Brother and I were Left Houses by Our Parents. Can I Make Him Pay His Share for Taxes and Upkeep?

Dow Jones
6 hours ago

'I am frustrated and financially exhausted from continuing to invest my own money into these properties'

"Despite not contributing financially to the upkeep of the properties, everyone still expects to receive their share of the estate." (Photo subject is a model.)

Dear Quentin,

My parents are both deceased. My older brother was responsible for handling their estate, but he never probated their will. He has since passed away, and he died intestate. I have now been appointed executor. I do not believe it is reasonable for me to continue personally funding the properties while the other beneficiaries contribute nothing toward their upkeep.

The estate has gone through probate, with the exception of the distribution of the properties. My twin brother was given a lifetime right to live in the house where he currently resides. He and I are the surviving siblings, along with several nieces and nephews who are the children of my deceased siblings.

None of the other beneficiaries contribute toward the expenses associated with these properties, including property taxes, lawn care, repairs, maintenance, insurance and other necessary costs. I have been paying these expenses myself. Despite not contributing financially to the upkeep of the properties, everyone still expects to receive their share of the estate.

My twin brother has also stated that he has a lifetime right to live in the property where he currently resides. That property needs maintenance and repairs, but I am frustrated and financially exhausted from continuing to invest my own money into these properties that will ultimately be distributed among the beneficiaries. It's not fair.

What are my options? As the executor, am I required to continue paying these expenses out of my own pocket? Can the expenses I have paid be reimbursed from the estate or charged against the beneficiaries' shares? And what can I do about the property that my twin brother has a lifetime right to occupy if the property requires ongoing maintenance and expenses?

Related: After our mother died, my sister went to nursing school. She asked me to cosign her $11,000 student loan. What do I tell her?

You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually.

If these costs are not paid when the beneficiaries take ownership, you can file a partition action to sell the property.

Dear Executor,

I feel your frustration.

If the estate lacked sufficient cash to cover property taxes or other expenses during probate, you could petition the court for permission to sell the property before distribution to avoid further debt, penalties or liens on the property by the mortgage company or other local authorities. Just because you are the executor and the more conscientious sibling does not mean that you are the one who must shoulder the burden of taxes and maintenance costs.

Anyone in your position would be pulling their hair out by this stage. Serving as an executor is a time-consuming and thankless job, and you should be reimbursed for your time. An executor has a fiduciary responsibility to transparently and honestly deal with all aspects of the deceased's estate, including paying creditors and taxes and distributing assets to heirs. If these costs are not paid when the beneficiaries take ownership, you can file a partition action to sell them.

Probate can take anywhere from four to 12 months, and the executor is entitled to just and reasonable compensation (usually 1% to 3% of the estate, depending on the state and the instructions in the will). Handing this estate has obviously taken longer than usual, given the death of your older brother who was the original executor. But when other people are taking care of business, that can, as you suggest, give beneficiaries a feeling of entitlement.

Don't miss: 'People are often unreasonable': My husband, 62, gave me a 5-year life estate. Would I have to pay for a new roof?

Reimbursed by the estate

To your point, until the properties are officially distributed - that is, when ownership is officially transferred to the beneficiaries - any expenses should be reimbursed by the estate, including maintenance, lawn care and property taxes. Keep the receipts and make sure everything is documented. (Executors are fiduciaries and are legally responsible for ensuring everything is done correctly. If you don't do this, you could be sued by the other beneficiaries.)

During probate, you, as executor, paid the necessary expenses to avoid tax liens, penalties or possible foreclosure while probate was taking place. You could have taken these funds from the estate itself. Once distribution occurs, all that changes. However, if your twin brother is already occupying one of the properties, he should be liable for routine costs like utilities, repairs and upkeep. Property taxes are generally the purview of the estate itself.

A "life estate" gives your twin brother the right to live in your parent's former home for the rest of his life. This agreement should come with caveats. He would, for example, normally have to pay 100% of the costs (property taxes and upkeep) for that privilege. Make it clear to him that you are not paying his way: If your brother, as the life tenant, fails to pay local property taxes, the city or county can place a tax lien on the home.

In a worst-case scenario, they could auction it off in a tax-foreclosure sale to recover the back taxes, thereby invalidating the life estate. If the property sold for $400,000 and the tax debt was $10,000, for example, the remaining $390,000 would usually be distributed to the life tenant and any remaining beneficiaries. (The government, per this Supreme Court ruling, may not keep the excess funds after a tax debt is paid off.)

It's time for some tough love.

Don't miss: 'My mother refuses to turn on the heat': Will America's war with Iran really push up our utility bills?

By emailing your questions to The Moneyist or posting your dilemmas on The Moneyist Facebook group, you agree to have them published anonymously on MarketWatch.

More columns from Quentin Fottrell:

'We are committed Christians': Our son and daughter-in-law cut us off over politics. Should we change our $3 million will?

'It's the ultimate regifting': My mom gave me a house. Should I transfer it back to her to reduce capital gains?

My mother, 91, has dementia. Every bank says I need her signature to unlock her $100,000 stock certificate. What can I do?

Check out The Moneyist's private Facebook group, where members help answer life's thorniest money issues. Post your questions, or weigh in on the latest Moneyist columns.

By submitting your story to Dow Jones & Co., the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms, including via third parties.

-Quentin Fottrell

 

At the request of the copyright holder, you need to log in to view this content

Disclaimer: Investing carries risk. This is not financial advice. The above content should not be regarded as an offer, recommendation, or solicitation on acquiring or disposing of any financial products, any associated discussions, comments, or posts by author or other users should not be considered as such either. It is solely for general information purpose only, which does not consider your own investment objectives, financial situations or needs. TTM assumes no responsibility or warranty for the accuracy and completeness of the information, investors should do their own research and may seek professional advice before investing.

Most Discussed

  1. 1
     
     
     
     
  2. 2
     
     
     
     
  3. 3
     
     
     
     
  4. 4
     
     
     
     
  5. 5
     
     
     
     
  6. 6
     
     
     
     
  7. 7
     
     
     
     
  8. 8
     
     
     
     
  9. 9
     
     
     
     
  10. 10