Are heirs obliged to pay late claims if estate has been distributed?
My father passed away in Oct 2015 and the estate was distributed in June 2016 after the account was lain for inspection. Soon afterwards, the executors said that he owed SARS R34k, and that we have to pay them back. If the executors paid too soon, and did not warn us that they had not received the final SARS account, are the heirs liable? Or should the executors be liable, as they neglected their duty? We do not have access to the funds, as it is tied up in property,so this is a huge setback to us.
Dear Ilka L,in fact you are correct and have hit the nail on the head. Unfortunately when SARS is involved matters are not always that easy to remedy. I suggest that because the Honourable Justice Bernard Ngoepe is the TAX OMBUDSMAN that you google his contact information and submit your query word for word as you have put it here to him requesting him to investigate the failure of SARS to put in their claim timeously (and they are preferrential claimants) and if alternatively the payout was ‘too soon’ then should it not follow that SARS must claim the money owing from the executors for being negligent or for not following procedures having been paid for their expert services.
Amended by author 13th December 2017, 15:57
ps-Please also take note that heirs in an Estate can not be held liable usually or are not usually obligated to pay debt in a deceased estate when they inherit, however as mentioned it is incumbent upon you to seek the assistance of the Ombudsman to settle the issue for you as SARS is involved.