Who pays the tax bill?

[starry_solo]

I wonder when the OP will come back and enlighten us as to how title to the property is held. The pre-nup sounds a bit weird too, only because that would mean that the house was purchased prior to the marriage, rather than after (it would be a post-nup if it was after). Unless they were contemplating purchasing a home after they were married. In any event, what matters is how title to the property was held. If you don't know, you can get the deed from the local county recorder's office

 

[flowergirl45]

Hello, OP here. Nothing further has happened yet. Everyone in the family has been preparing for and traveling to Minnesota for my sister's wedding tomorrow. So the timing of that event has precluded my looking into the matter more, or discussing it with my sisters. I promise to post updated info when I have it!

 

[AquamarineSteph]

Thanks for the update!

 

[kymom99]

Is your stepmother coming to the wedding?

 

[flowergirl45]

Kymom99 - yes. Not only is she coming to the wedding, she and I drove up from Illinois to Minnesota together (as planned several months ago). My husband and I drove to her home for the total eclipse, and then he drove back to Virginia alone. I will fly from Minneapolis to Richmond after the wedding goings-on. I was concerned if I brought up the subject with her on the looooong car ride and it went badly, the car ride would seem even longer. It would be awesome if stepmom and we three girls could discuss the matter this weekend, but I'm sure the bride has other things to do lol. Plus again, if things go badly, I wouldn't want to put a damper on the wedding. Never overshadow the bride!

 

[kymom99]

Kymom99 - yes. Not only is she coming to the wedding, she and I drove up from Illinois to Minnesota together (as planned several months ago). My husband and I drove to her home for the total eclipse, and then he drove back to Virginia alone. I will fly from Minneapolis to Richmond after the wedding goings-on. I was concerned if I brought up the subject with her on the looooong car ride and it went badly, the car ride would seem even longer. It would be awesome if stepmom and we three girls could discuss the matter this weekend, but I'm sure the bride has other things to do lol. Plus again, if things go badly, I wouldn't want to put a damper on the wedding. Never overshadow the bride!

Yeah best to save that conversation for another day.

 

[flowergirl45]

OP here. Awaiting my flight home. I was able to speak with both sisters (separately) yesterday about our stepmom's request. One sister said she would have to think about it, but was inclined to say no. The other sister immediately said 'heck no'. We agreed that they'd each take a week or so to think of questions, problems, how to approach, etc. We'll then reconvene via a conference call.

 

[mom2rtk]

I'd be very careful progressing with this.

If the house needs a new roof, who pays? If it needs a new furnace, who pays?

If she wasn't staying there, you would likely be selling the house now and have no further expenses. How long will will you be on the hook for ongoing costs on a home you get no benefit from?

 

[runwad]

I don't think I'd bring it up again to stepmom if she doesn't. Maybe she too is talking it over with friends and might come to the conclusion that it's not something she should ask of you. If she brought it up again then I'd voice my concerns or ask whatever I wanted.

 

[flowergirl45]

I don't think I'd bring it up again to stepmom if she doesn't. Maybe she too is talking it over with friends and might come to the conclusion that it's not something she should ask of you. If she brought it up again then I'd voice my concerns or ask whatever I wanted.

Runwad, I have considered this approach. In general it's not my style to not address a situation, but here I kind of like it.

 

[flowergirl45]

I'd be very careful progressing with this.

If the house needs a new roof, who pays? If it needs a new furnace, who pays?

If she wasn't staying there, you would likely be selling the house now and have no further expenses. How long will will you be on the hook for ongoing costs on a home you get no benefit from?

Agreed on all counts.

 

[Maddie2]

I did not read all of the other replies, but wondering if Dad had other assets that have been dispersed to you and your siblings? Life insurance? IRAs, etc? Savings or checking accounts? Taking this into consideration may make it easier to determine if you and your sibs should help pay the taxes.

If you have been the recipients of other assets, then maybe you should help pay the taxes. If there were no other assets or if Step Mother got them, then I would think she should pay all of the taxes.

 

[AmyAnne]

Runwad, I have considered this approach. In general it's not my style to not address a situation, but here I kind of like it.

What would concern me about this approach is that the step-mother seems to be assuming that you and sisters will pay half of the taxes. If you don't tell that you are not, then she might be left without a way to pay and without time to figure out a Plan B. If you do want to remain on good terms with her, I'd say it's considerate to tell her sooner rather than later if you're not going to contribute.

 

[tvguy]

I did not read all of the other replies, but wondering if Dad had other assets that have been dispersed to you and your siblings? Life insurance? IRAs, etc? Savings or checking accounts? Taking this into consideration may make it easier to determine if you and your sibs should help pay the taxes.

If you have been the recipients of other assets, then maybe you should help pay the taxes. If there were no other assets or if Step Mother got them, then I would think she should pay all of the taxes.

Good question. I don't know what the "norm" is, but I wonder if all dad's assets are stepmoms as long as she is alive. Just seems odd to only have the house in the pre-nup.

 

[kymom99]

I did not read all of the other replies, but wondering if Dad had other assets that have been dispersed to you and your siblings? Life insurance? IRAs, etc? Savings or checking accounts? Taking this into consideration may make it easier to determine if you and your sibs should help pay the taxes.

If you have been the recipients of other assets, then maybe you should help pay the taxes. If there were no other assets or if Step Mother got them, then I would think she should pay all of the taxes.

She said the rest of the assets had already been distributed to the girls.

 

[supersnoop]

She said the rest of the assets had already been distributed to the girls.

And that could become a huge problem. If dad's half of the house still belongs to his estate, then the estate should be on the hook for the taxes. And if the estate is now insolvent because the executor dispersed all the assets, the. The executor could be personally liable for the expense. Laws vary by state, which is why the OP really needs to discuss this with an estate attorney in the state where dad passed.

 

[starry_solo]

And that could become a huge problem. If dad's half of the house still belongs to his estate, then the estate should be on the hook for the taxes. And if the estate is now insolvent because the executor dispersed all the assets, the. The executor could be personally liable for the expense. Laws vary by state, which is why the OP really needs to discuss this with an estate attorney in the state where dad passed.

We need to know how title to the property was held .

 

[NinaBella]

To find out how a property is deeded, just look at the county property assessor website. It's easy to look up the county by the address. If that county is Orange County, Florida for example, google "orange county property assessor" and it bring up a website where you can look up a property by the address and it returns the names on the deed with the property.

http://www.ocpafl.org/


Here is an easy website, just click on the state, then the county, and the assessor's link.
http://publicrecords.netronline.com/

 

[tvguy]

For me, anyway, the really important message in all this is, make sure your estate planning doesn't leave a mess like this behind for your heirs. Think it through, and have an estate planner look it over to avoid this kind of issue.
My FIL passed away 13 years ago. Per his will, everything goes to my wife's stepmother. Her will says after she passes, everything will be divided between DW and her 2 step sisters. Everything was very specifically spelled out in both their wills. And with "blended" families, that is really really important.
Only issue we had was with a strange law in Texas regarding cars. No matter what a will says, Texas law says when someone dies, an adult child has ownership rights to cars over a step-parent. My wife had to fill out a special form, and have it notarized releasing any claim to the car before my wife's step-mother could put the car in her name only. Only in Texas.

 

[flowergirl45]

To find out how a property is deeded, just look at the county property assessor website. It's easy to look up the county by the address. If that county is Orange County, Florida for example, google "orange county property assessor" and it bring up a website where you can look up a property by the address and it returns the names on the deed with the property.

http://www.ocpafl.org/


Here is an easy website, just click on the state, then the county, and the assessor's link.
http://publicrecords.netronline.com/

NinaBella, this was very helpful. The property lists both Dad and Stepmom as owners. I was sure this was the case, but good to have it confirmed.