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 Montgomery County has landed you in a tax lawsuit, the questions that come with it are normal. A lot of people we hear from didn’t know they were connected to the property at all.
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 people frequently 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 Montgomery County, taxes run through the Montgomery County Tax Office (400 N. San Jacinto St., Conroe, TX 77301; 936-539-7897), property values are set by the Montgomery Central Appraisal District, and the case is on record with the Montgomery County District Clerk. All of it is public and can be confirmed before you make any decision.
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 everyone else to agree.
A couple of questions we hear a lot in Montgomery County:
It’s several acres of family land. Can I sell just my share of it? Yes. With an undivided interest, you own a share of the whole parcel rather than a specific section, and you can sell that share without dividing up the land.
A relative passed and never did probate. Is that why this happened? Often, yes. A missing probate is the most common reason these properties end up in a tax lawsuit with multiple heirs named.
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.
Leave a Reply