In probate of an estate, which of the follow- ing is the last to receive payment, if any?
Question & Answer
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Holder of the second mortgage
The holder of the second mortgage is paid before taxes because mortgage holders have secured claims on the property, which take priority over tax claims in the payment hierarchy of probate.
Creditors
Creditors are paid before taxes because unsecured creditors have priority over tax claims in the statutory payment order during probate administration.
Heirs
Heirs are paid last only after all debts, taxes, and administrative expenses have been satisfied, making them the final recipients after the government's tax claim.
The government for taxes
Why is this correct?
The government for taxes is paid last because tax claims are considered junior to most other claims in probate. Taxes are only paid after all secured debts, unsecured creditors, and administrative expenses have been satisfied from the estate assets.
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