If I have been sued by the county clerk for back taxes on my late father’s home, what should I expect to happen?

UPDATED: Sep 1, 2011

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If I have been sued by the county clerk for back taxes on my late father’s home, what should I expect to happen?

My parents died several years ago. My sister refuses to agree to sell the family home. I haven’t lived there in 29 years. I was just served by the county clerk’s office seeking back taxes for the last three years on the property. I don’t care what happens to the near-worthless property. There is no mortgage on the place. Does the county have recourse to do anything other than auction off the property for the back taxes? What kind of personal impact can I expect?

Asked on September 1, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the property taxes have not been paid on your parent's home for the past three (3) plus years and legal title to the property is not in your name, you are not personally obligated to pay the property taxes owed. The county tax assessor is simply giving you legal notice of its intent to sell this home at auction to pay unpaid property taxes.

If you do nothing, the home will be auctioned off to pay the unpaid property taxes and a new owner who would be the successful bidder will then obtain a tax deed placing title of this property in his or her name.

If your sister refuses to sell this property, then she needs to pay the unpaid property taxes to prevent an auction of it to pay unpaid property taxes.

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.

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