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What can an executor do if an heir refuses to pay the inheritance tax?

In: Estates, Probate, Income Taxes [Edit categories]

Answer:

Your question is troublesome.

An executor must be appointed by the probate court. The executor has the duty, power and authority to settle the estate under the supervision of that court. If you are the duly appointed executor it is YOUR responsibility to pay any estate taxes that are due. In fact, the debts of the decedent must be paid before any assets are distributed to the heirs. Therefore, the heir you speak of shouldn't have access to estate assets until the estate taxes and creditors have been paid. As executor you can be held personally responsible for any debts of the decedent that are not properly paid.

You should consult with an attorney who specializes in probate law.

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First answer by Kluss. Last edit by Kluss. Contributor trust: 698 [recommend contributor ]. Question popularity: 1 [recommend question].

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Relevant answers:

Can an executor who is also an heir refuse to pay out other heirs?
No, they cannot refuse to pay, if there is anything to pay out. They are required by law to pay off the debts of the deceased. Then they must execute the will as written.
Do you have to pay inheritance tax on inheritance?
only if over 5 million dollars
Do you pay taxes on executor fees if you are also an heir?
You will pay income taxes on all income, including fees your earned. You would not pay inheritance tax on that amount. It would be a good idea to consult a probate attorney in your state.
How do you purchase property that the heirs refuse to pay the taxes on?
You should visit the tax assessor's office and ask if there is a tax taking procedure pending. The town can take possession of the property through a legal process when the owner is delinquent on...
Do you have to pay tax on 50000.00 inheritance?
Federal : NO State : Depends on the state you live in and relationship to the deceased.