New Orleans, LA asked in Real Estate Law and Tax Law for Texas

Q: We are being sued for delinquent taxes but the property is not in our name. Help!

The house we grew up in is unoccupied in Texas. The deed to this property is in the name of an uncle who died in the 1930's. Our deceased Mother was raised in this house and she had paying the property taxes until her health failed and she died. The Siblings found the Delinquent Tax notices, and attempted to put the house in their name to sell the property but could not get this done after several years of trying. The Siblings names are not on the deed but are on the Tax Bill.

The Siblings want to let the property go to Delinquent Tax Sale. What are the repercussions to the Siblings personally as far as credit reports and other unforeseen issues?

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: You can speak with the attorney who is suing and find out some options. At a minimum I would suggest filing an "Affidavit of Heirship" in the County where the property is located. This takes two people who have known the family for a long time, know relatives and circumstances; however, it cannot be anyone who could inherit, i.e. a spouse of a relative does not qualify.

You might file a disclaimer to real property as well.

1 user found this answer helpful

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