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Question about Living estate and taxes?

Scenario:

The property of a father is signed over to his daughter who is now the owner but gives the father living estate rights.

The father now resides in another state with another family member who is his son. He is on Medicare and Title 19. In other words his social security allotment goes toward basic needs and such and he has very little money in the bank. He does not own the property, which is in poor condition and uninhabitable. Even if it were in livable condition he cannot reside alone due to age and infirmities.

In the meantime the daughter, who has been paying property taxes on the home for 6+ years and has placed the property on the real estate market, suddenly sends her father a property tax bill for this year.

Is the father, who has living estate rights (but hasn't resided there in 6+ years) obligated to now pay the taxes or is this the responsibility of his daughter who is actually the property owner and has been paying taxes on the property?

Thanks for your answers in advance

Update:

Well...so far so good Anne but is that from a legal standpoint? Most people would think the same but will a court recognize that?

Update 2:

Thanks as well Blunt. The daughter is in the title and the listed owner. Her father is listed as 'having living estate rights for the remainder of his life'.

2 Answers

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  • Blunt
    Lv 7
    1 decade ago
    Favorite Answer

    The property belongs to the daughter (who is the seller) and therefore, she is responsible to pay such taxes. She is also responsible to pay any income taxes associated with the profits for the sell of the property.

    Good luck

    EDIT TO ADD: Who is in the title?

    EDIT TO ADD 2: The Real Estate section has a lot of knowleageable people. You may get some educated responses there as well.

  • Anonymous
    1 decade ago

    The daughter. Though it depends on how it was written up, she will lose all if she does not pay (and the father is in no position to pay it, anyway). If she has any sense, she will do so.

    Granted, to have sent it to him at all means she likely has little sense...

    You can never be sure with judges. However, it will hardly matter if the father is old, infirm and indigent.

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