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 your name turned up on a tax lawsuit over a family property in El Paso County, the confusion is understandable. Many of the people we hear from didn’t realize they had any connection 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 far 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 El Paso County, taxes run through the El Paso County Tax Assessor-Collector (301 Manny Martinez Dr., 1st Floor, El Paso, TX 79905; 915-273-3430), property values are set by the El Paso Central Appraisal District, and the case is on record with the El Paso 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 El Paso County:
I was told years ago this was already taken care of. Could it still be in a lawsuit? It’s possible. People often believe a property was handled when it never fully was, and the taxes and ownership can sit unresolved for years.
Do I have to get the other heirs on board to get myself out? No. Selling the whole property would involve everyone, but selling only your own portion doesn’t depend on anyone else agreeing.
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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