Can I be removed from this lawsuit regarding inherited property ifI give up my interest?

My mother died without a Will 4 years ago. She had life insurance on her home that paid off her debt on the home upon her death, to which she named me and my 3 siblings as the beneficiaries. I recieved a citation this morning saying that my siblings and I are being sued for ad valorem taxes, penalties, and other fees. I have never had any need or want to keep the home as I am a college student and live on campus and with my father when not in school. Is there any way that I can be removed from this lawsuit for lack of interest or could I give up my interest?

Asked on October 19, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Rather than give up an interest in a home that you have an ownership interest in that is owned free and clear without any mortgage on it, you should first look into the amount of taxes that are owed along with the penalties and other fees to the county assessor's office. Perhaps the amount is not much in comparison with the value of the home.

The situation calls for a family meeting with you and your other three siblings. If you are renting out the home there should be more than enough money generated by its rental to pay off the amount demanded in the lawsuit.

I recommend that you and your siblings consult with a real estate attorney about the house and the lawsuit. You could quitclaim your interest in the house but that may not be a wise decision. I suggest figuring out how much is owed on the tax issue, pay the amount off and get the lawsuit dismissed.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.