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Can I take possession of my aunt's land if other heirs agree?

Can I take possession of my aunt's land if other heirs agree?

Q: Who is responsible for paying taxes for a deceased person?

The responsibility for paying taxes for a deceased person typically falls to their estate. The executor or administrator is tasked with settling any outstanding tax obligations before distributing assets to heirs. This includes income taxes, property taxes, and any other debts owed by the deceased.

Q: Who gets the tax refund of a deceased person?

The tax refund of a deceased person is generally issued to their estate. The executor or administrator can file a final tax return on behalf of the deceased and claim any refunds due. The refund will then be distributed according to the terms of the will or state intestacy laws if there is no will.

Full question:

My aunt passed away and her land will be up for sale for back taxes this summer. I can pay the back taxes but I need to know if I can take possesion of the dwelling if the other heirs sign some kind of papers transferring their heirship to me.

Category: Wills and Estates
Date: 04/07/2025
State: Virginia

Answer:

If the other heirs who inherited the property either through intestate succession or a will sign a deed transferring their ownership to you, then you can take possession of the property. All joint owners have equal rights to possess the property unless there is a different agreement in place.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do you have to pay taxes on inherited land when you sell it?

Yes, when you sell inherited land, you may have to pay capital gains tax on any profit made from the sale. The tax is based on the difference between the sale price and the fair market value of the property at the time of inheritance. However, there are exemptions and deductions that might apply, so it's advisable to consult a tax professional for specific guidance.

How to find back taxes owed on property for free?

You can find back taxes owed on property by checking with your local tax assessor's office or county treasurer. Many counties provide online databases where you can search for property tax information using the property's address or parcel number. Additionally, public records at the county courthouse may also contain relevant tax information.

What happens if a deceased person owes property taxes?

If a deceased person owes property taxes, the responsibility typically falls to the estate. The estate must settle any debts, including property taxes, before distributing assets to heirs. If the taxes remain unpaid, the property may be subject to a tax lien or foreclosure, which can affect the heirs' ability to inherit the property.

Who is responsible for property taxes after death?

After a person's death, the responsibility for property taxes usually transfers to their estate. The executor or administrator of the estate must ensure that all debts, including property taxes, are paid before distributing assets to heirs. If the estate lacks sufficient funds, heirs may need to address the tax obligations to retain the property.