Farmington, NM asked in Probate and Tax Law for New Mexico

Q: I have my deceased mothers land in the middle of probate and state sold it at the public auction because of back taxes

Is this legal to do please help

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Probate Lawyer
  • Oklahoma City, OK

A: Probably, yes. There are legal requirements for the State to meet in order to conduct such a sale, but death of the owner or the filing of a probate proceeding usually won't stop it. If they failed to accomplish any of the prerequisites properly, you may be able to bring suit and have the sale vacated. Unfortunately, what family members sometimes find out is that the State had long been sending tax notices to their late loved one who neglected or was unable to pay them, and the debt grew and time passed. Finally the State acted to collect.

You need to contact an attorney and gather all of the tax records and filings necessary to the tax sale. You must act quickly. It may already be too late.

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