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 a family property in Hidalgo County has put your name on a tax lawsuit, the confusion that comes with it is completely normal, especially in families where the property has been passed down through several generations.
Often the first contact is a constable or sheriff’s deputy at the door with a citation and an Original Petition. Being served in person is unsettling, and a lot of people assume it’s something more serious than it is. In these matters it’s usually just the standard way a civil case over unpaid property taxes begins. It isn’t a criminal charge, and it isn’t a scam.
The usual cause is a gap in probate. When an owner passes away without probate, their interest passes to the next of kin under Texas intestacy laws, while the county’s records still list the original owner. When the taxes go unpaid long enough, the suit is filed and the county researches the family tree to name the living heirs.
In Hidalgo County, taxes run through the Hidalgo County Tax Assessor-Collector (2804 S. Business Hwy 281, Edinburg, TX 78539; 956-318-2157), property values are set by the Hidalgo County Appraisal District, and the case is on record with the Hidalgo County District Clerk. All of it is public and can be confirmed on your end.
From there, people generally resolve the lawsuit with an attorney, look into a payment arrangement, or sell their portion, which takes them out of the lawsuit without needing the rest of the family to agree.
A couple of questions we hear a lot in Hidalgo County:
Our family is large and some relatives live in Mexico or are hard to reach. Does everyone have to sign? Not for you to sell your own portion. Selling the whole property would involve everyone, but your individual share is yours to sell on its own.
Why are people I’ve never heard of listed on the same lawsuit? When a property passes down across generations, the family tree can include cousins and relatives from other branches. The county lists them as heirs, but it doesn’t stop you from selling your portion.
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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