Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
If you’ve been served in a tax lawsuit over a family property in Denton County, the confusion is understandable. Many of the people we talk to didn’t know they were tied to the property until the paperwork arrived.
For a lot of folks, the first sign is in person, a constable or sheriff’s deputy with a citation and an Original Petition. Being served at your door is jarring, and people often wonder whether it’s even legitimate. In these cases it’s typically just the routine first step in a civil case over unpaid property taxes. It isn’t a criminal charge, and it isn’t a scam.
The root cause is usually a missing probate. When an owner passes away and nothing is filed, their interest passes to the next of kin under Texas intestacy laws, while the county still lists the original owner on the deed. Once the taxes go unpaid long enough, the suit is filed and the county researches the family tree to identify living heirs.
In Denton County, taxes run through the Denton County Tax Assessor-Collector (Mary and Jim Horn Government Center, 1505 E. McKinney St., Denton, TX 76209; 940-349-3500), values are set by the Denton Central Appraisal District, and the case is on record with the Denton County District Clerk. It’s all public, so you can verify it independently.
From there, people generally resolve the lawsuit with an attorney, look into a payment arrangement, or sell their portion, which takes them out without needing the other heirs to agree.
A couple of questions we hear a lot in Denton County:
I got served but haven’t heard anything in months. Is it over? Usually not. These cases can move slowly, and a quiet stretch generally doesn’t mean the lawsuit went away or the taxes were resolved.
Do I need every relative to sign before I can get out? No. Selling the whole property typically requires everyone, but selling only your own portion doesn’t depend on anyone else.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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