Can I use money from Va estate to pay Fla taxes?

[gregPerson]

Jurisdiction

Virginia

I have been told flat out by that I can not use money from Virginia estate to pay taxes on property in Florida. I was told it is responsibility of the heirs to do so. It this not true? Seems unfair to me. I was told that I need to open an ancillary estate. I assume that will have to be paid by heirs too? What happens if heirs are not forthcoming with funds. Can I be held responsible for loosing property?

 

[army judge]

I have been told flat out by that I can not use money from Virginia estate to pay taxes on property in Florida. I was told it is responsibility of the heirs to do so. It this not true? Seems unfair to me. I was told that I need to open an ancillary estate. I assume that will have to be paid by heirs too? What happens if heirs are not forthcoming with funds. Can I be held responsible for loosing property?

Are you the administrator of the estate?

Are you a named beneficiary of the estate?

What relationship were you to the deceased?

Whose estate in VA is being probated?

Who owns the property in Florida?

Have you opened probate for the property in FL?

Are you administering the estate of the deceased in FL?

 

[gregPerson]

Are you the administrator of the estate? Executor

Are you a named beneficiary of the estate? I am one of the heirs

What relationship were you to the deceased? She was my mother

Whose estate in VA is being probated? My mother's

Who owns the property in Florida? My mother

Have you opened probate for the property in FL? No, no one is willing to pay out of pocket.

Are you administering the estate of the deceased in FL? I will if funds are contributed.

 

[army judge]

Losing a loved one brings out the worst in most people.
Do what your heart tells you to do, mate.
With a bunch like that, I'd simply resign and let them do whatever they deem correct.
I've seen ingratitude such as they're exhibiting.

 

[adjusterjack]

I have been told flat out by that I can not use money from Virginia estate to pay taxes on property in Florida.

Who told you that? Was it a probate lawyer?

I was told it is responsibility of the heirs to do so. It this not true?

Can't be. It's the estate's responsibility to pay the obligations of the estate no matter where those obligations may be. So, again, who is telling you this stuff.

I was told that I need to open an ancillary estate.

Yes, if there is property in another state.

I assume that will have to be paid by heirs too?

You assume wrong. I repeat: It's the estate's responsibility to pay the obligations of the estate no matter where those obligations may be.

What happens if heirs are not forthcoming with funds.

Nothing.

It's up to the executor to open probate, get his authorization from the court, and use the estate's assets to pay the estate's obligations even if that means selling assets out of the estate to do so.

Can I be held responsible for loosing property?

Yes.

Now, on to another matter. Please keep all of your questions about this estate in this thread and don't open up any new ones. I'm moving the discussion from the other thread to here and deleting the other thread.

Before I hire another legal representative just wanted to make sure I asked the correct question. It seems that an executor cannot use funds from an estate in Virginia to pay property tax in Florida. If that is true then one would gather that I cannot use funds from Virginia estate to pay for the ancillary estate to be opened in Florida. Does this hold truth? Is there a work around to get the estate to pay? What would be the cost to open an ancillary estate?

There's no way strangers on the Internet can answer your questions.

I suggest you do that which you're avoiding, spend money, or resign as the executor. You don't have to be an executor, if you don't want to serve.

 

[adjusterjack]

Before I hire another legal representative just wanted to make sure I asked the correct question.

You did. Now read the answers.

Bottom line: You either hire a probate attorney to guide you through this or resign as executor and abandon the estate to the other heirs and hope they properly take care of your interests.

As for the cost of ancillary probate in Florida, the probate court's website in the county where the property is located should have a fee schedule. Of course, if you have to hire a lawyer in Florida you'll have to ask the lawyer what his fees are.

 

[gregPerson]

Who told you that? Was it a probate lawyer? No, Commissioner of accounts.





Can't be. It's the estate's responsibility to pay the obligations of the estate no matter where those obligations may be. So, again, who is telling you this stuff.



Yes, if there is property in another state. Yes to...I can use money for taxes, legal or open an estate?



You assume wrong. I repeat: It's the estate's responsibility to pay the obligations of the estate no matter where those obligations may be. According to

"A Guide to the Administration of Decedents' Estates in Virginia" it states "
8.Debts and taxes owed to localities and municipal corporations in Virginia; and
9.All other claims". 9 is a bit vague.



Nothing.

It's up to the executor to open probate, get his authorization from the court, and use the estate's assets to pay the estate's obligations even if that means selling assets out of the estate to do so.



Yes.

Now, on to another matter. Please keep all of your questions about this estate in this thread and don't open up any new ones. I'm moving the discussion from the other thread to here and deleting the other thread.

 

[adjusterjack]

Commissioner of accounts.

That doesn't tell me anything.

What commissioner of what accounts?

What agency?

What state?

Under what authority? Did he cite you any statutes to support what he told you?

 

[gregPerson]

Not sure how to reply to ajusterjack. Are you familiar with the estate process? Did you read the original post? You have to do an accounting each year. If it is not correct you might have to pay out of your pocket. Commissioner is in charge of this.
"A Guide to the administration of Decedents' Estates in Virginia" "payment of debts and claims against the estate"
6.Debts and taxes due Virginia;
7.Debts due where the decedent was acting in a fiduciary capacity for another;
8.Debts and taxes owed to localities and municipal corporations in Virginia; and
9.All other claims.

In addition to commission telling me I cant spend money for taxes in another state.

 

[adjusterjack]

Are you familiar with the estate process?

Yes.

Did you read the original post?

Yes. And I answered each question in it.

You have to do an accounting each year.

OK. No surprise there.

Commissioner is in charge of this.

Ah, the Commissioner of Accounts in Virginia.

"A Guide to the administration of Decedents' Estates in Virginia"

OK. I found that. It's published by the VA Bar Association, a credible authority.

http://c.ymcdn.com/sites/www.vba.org/resource/resmgr/Sections/VBA_2015_guide_to_administra.pdf

Now I ask how much of it you read.

Chapter VII - Paying Debts and Claims Against the Estate.

You didn't quote the whole section about the order of debts:

Note that the order of payment doesn't matter if the estate is solvent enough to pay all of the debts. The order only matters if there is not enough assets.

There is also nothing in there prohibiting paying the Florida taxes from the estate assets so you might want to ask your Commissioner where he's getting that from and to cite you a statute that says so..

According to that list the Florida taxes would have priority #9 - All other claims.

Q: Is there a particular order of priority for the payment of debts and claims against the estate?


A: When a decedent's estate has sufficient assets to pay all debts and claims, the order in which debts and claims against the estate are paid makes no real difference so long as the personal representative is careful to follow any directions in the will regarding assets that are to be preserved for distribution rather than sold to pay debts and claims.

However, insolvent estates, i.e., estate in which debts, expenses, and claims will exceed the value of the assets of the decedent under the personal representative's control, must pay debts and claims in the following order:


1. Costs and expenses of administration;

2. Certain family and homestead allowances (discussed in Chapter V);

3. Funeral expenses not to exceed the amount set out in Virginia Code Section 64.2-528 (currently, $4,000);

4. Debts and taxes given priority under federal law;

5. Medical and hospital expenses of the decedent's last illness, including compensation of persons attending the decedent, not to exceed the amounts set out in Virginia Code Section 64.2-528 for each hospital and nursing home (currently, $2,150) and for each doctor or other person furnishing services or goods (currently, $425);

6. Debts and taxes due Virginia;

7. Debts due where the decedent was acting in a fiduciary capacity for another;

8. Debts and taxes owed to localities and municipal corporations in Virginia; and

9. All other claims.


Anything else I can help you with?