Q: My father died with no will. His house/property went to myself and his wife. She hasn’t paid taxes in 4 years. Options?
I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible for that? Help please?!
A:
Sorry for your headaches.
I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes, my gut reaction (without research) is that you cannot force her to do so.
Bruce Alexander Minnick agrees with this answer
A: If he had no will, how did the property pass to you and his wife? Was it held in trust? Who is on the deed presently? There are a lot of questions and issues that you will need to discuss with an attorney. It may be possible to still file a probate and settle the ownership issue, if that is needed. Someone will need to get the taxes current as well. Please contact a licensed attorney in the State of Oklahoma ASAP.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A:
If you are receiving "back tax stubs about 6 months ago" and if you "just got a letter of intent to auction" the property for back taxes owed, there is a really good chance that the city or county where the land is located considers you to be a co-owner--and they are going to take the land away from you--and your step-mother--unless somebody pays all the back taxes and fees now due. Now.
Note: Whoever pays the back taxes and fees might later be able to file a claim (a lien) against the property--using the fact of payment--which will ultimately have to be paid back--with interest--whenever the property is sold. IF YOU WANT THE FAMILY PROPERTY, YOU SHOULD HIRE A LAWYER. NOW.
A: The owners are jointly responsible, so if you are both on the deed you both are responsible for the taxes. I would suggest hiring a local attorney to see how you own the property and if you actually are responsible for the taxes and if so how to separate yourself from the liabilities of this individual.
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