RESPONSIBILITY OF AN ESTATE WITH NO NAMED EXECUTOR

[PROCURMENTMGR74]

Jurisdiction

Ohio

My father passed away in March of 2017 and there was no will or executor named. I am his only living heir, but did not take ownership of his estate due to it be insolvent. More than 7 years after his passing I am receiving a summons for past due property taxes by Lorain County , Ohio. My name has never been on the deed or loans for the property. At the time of his passing he had a home equity line on the home which he owed more than the home was worth. I was advised not to take possession due to it being underwater, but am still receiving a summons from the prosecutors office for past due taxes. Can I be held responsible even though I never took possession?

 

[zddoodah]

I was advised not to take possession due to it being underwater

Advised by whom?

am still receiving a summons from the prosecutors office for past due taxes. Can I be held responsible even though I never took possession?

If you're not on title or on the loan, never took possession, and never administered the estate, you shouldn't have any liability. You might place a call to the plaintiff's attorney and ask why you've been named despite not being on title, etc. Depending on the outcome of the call, you may then want to confer with a local attorney.

 

[adjusterjack]

am still receiving a summons from the prosecutors office for past due taxes.

Yes, call the prosecutor. But if the prosecutor doesn't file a dismissal with the court you will have to respond to the summons and defend. Don't rely on what you are "told."

 

[PROCURMENTMGR74]

Advised by whom?
By an attorney friend when my father passed.



If you're not on title or on the loan, never took possession, and never administered the estate, you shouldn't have any liability. You might place a call to the plaintiff's attorney and ask why you've been named despite not being on title, etc. Depending on the outcome of the call, you may then want to confer with a local attorney.

Advised by whom?
By an attorney friend when my father passed.

I am not on the loan, deed, and the estate never went to probate, as there was no will. This is from the Lorain county prosecutor due to delinquent taxes

 

[zddoodah]

Advised by whom?
By an attorney friend when my father passed.

I suggest you confer again with that friend about what you received.

 

[PROCURMENTMGR74]

I suggest you confer again with that friend about what you received.

I received nothing from the estate, as it never went to probate. His home and other property were left, as he was underwater on the home.

 

[zddoodah]

I received nothing from the estate

I didn't say anything about receiving something from the estate. You did "receiv[e] a summons from the prosecutors office for past due taxes," right?

 

[PROCURMENTMGR74]

I didn't say anything about receiving something from the estate. You did "receiv[e] a summons from the prosecutors office for past due taxes," right?

Correct, but that friend is deceased, so there will be no conferring with them. I believe the County Auditor is trying to foreclose the property due to the taxes being unpaid.

 

[zddoodah]

OK...then seek out another attorney.

 

[adjusterjack]

I believe the County Auditor is trying to foreclose the property due to the taxes being unpaid.

You believe?

What does the complaint say?

Does it say it's a foreclosure action because of unpaid taxes?

If not, what does it say?

Feel free to post a copy redacting identifying information. We don't give "legal advice" but we can make helpful comments.

 

[welkin]

I believe the County Auditor is trying to foreclose the property due to the taxes being unpaid.

That would make perfect sense. I'm only guessing here but, you may have received the summons because you were identified as an heir to the property and therefore, you are an interested party to the foreclosure proceeding. There is a right of redemption for the unpaid taxes and since you are the only living heir, you would have that right of redemption before the county takes the property.