Q: My Mom died intestate March 2016. She owned a home. 11 months after she
died the County took title to her home for back taxes. My family has not yet filed an application for appointment of an Administrator in Surrogate's Court. My question is, can the County take title to property of a deceased taxpayer without going through some sort of action in Surrogate's Court? There is no family member with legal standing as an Administrator to handle any of her affairs.
A: It is likely that the foreclosure might not be done right, and that if you wanted you could redeem the property. However, you have to move quickly. It will become more complicated if the property is sold to someone else. It will require a motion and court appearances to get this undone.
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A: Tax lien foreclosure processes and sales differ county by county in NY. It is important to move quickly to forestall that process and a surrogates court proceeding should be initiated to get someone appointed who can file an objection to the foreclosure.
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