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 ended up on a tax lawsuit over a family property in Fort Bend County, the surprise is understandable. Many people we talk to had no idea they held any interest in the property.
For a lot of folks, the first sign is a constable or sheriff’s deputy at the door with a citation and an Original Petition. Being handed legal papers in person is unsettling, and it’s natural to assume the worst. In these cases it’s usually just the routine way a civil matter over unpaid property taxes begins. It isn’t a criminal charge, and it isn’t a scam.
The 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’s records still show the original owner. Once the taxes fall far enough behind, the suit is filed and the county traces the family tree to find the living heirs.
In Fort Bend County, taxes run through the Fort Bend County Tax Assessor-Collector (1317 Eugene Heimann Circle, Richmond, TX 77469; 281-341-3710), property values are set by the Fort Bend Central Appraisal District, and the case is on record with the Fort Bend County District Clerk. It’s all public, so you can verify the details before deciding anything.
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 other heirs to agree.
A couple of questions we hear a lot in Fort Bend County:
I live out of state now. Can I still sell my portion? Yes. The paperwork can usually be handled with an online notary, or a mobile notary who comes to you, so you don’t need to travel back to Texas.
Does paying back taxes give someone ownership of the whole property? Generally no. Paying taxes can keep an account current, but it doesn’t transfer ownership or remove the other heirs from the property.
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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