Q: A judgment declaring heirship was made giving 1/2 of home to my mother and 1/3 to myself, sis & brother.
I was a minor at the time and never was told about my 1/3 interest in the home. Years later my mother was late on paying taxes on home and we were being sued for property taxes due. The constable should have served up papers to appear in court but instead these papers were given to my mother. She signed our names on the citation and when the court date came she payed the taxes on the home. Since we were default by not being in court my mother took full ownership of home. What can I do?
A:
There is something wrong with your math: I think you mean that each of the children should have received 1/6 interest in the home.
Anyway, I don't believe we have the full story here. A court action for the property taxes would not, to my knowledge, result in a modification of the title once the taxes were paid. In other words, if the tax case started with you owning a fractional interest, and the taxes due were paid, you would still have the same fractional interest (1/6 for each of three children; 1/2 for the mother, by my calculations). I suggest that you consult with an attorney in your state to get this straightened out.
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