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 Hays County has put your name on a tax lawsuit, you’re not the only one caught off guard. As the area around San Marcos, Kyle, and Buda has grown, a lot of older family property has resurfaced in these cases, often with heirs who didn’t know they were involved.
For many people, the first contact is a constable or sheriff’s deputy at the door with a citation and an Original Petition. Having someone hand you legal papers in person is unsettling, and it’s easy to assume the worst. 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 cause is usually a gap in probate. When an owner passes away and no probate is filed, 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 fall behind, the suit is filed and the county researches the family tree to name the living heirs.
In Hays County, taxes run through the Hays County Tax Assessor-Collector (712 S. Stagecoach Trail, Suite 1120, San Marcos, TX 78666; 512-393-5545), property values are set by the Hays Central Appraisal District, and the case is on record with the Hays 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 Hays County:
We were going to just let it go to auction. Is selling better? That’s your call, but at a tax auction families often walk away with little or nothing. Selling your portion beforehand puts money in your hands now and takes you off the lawsuit.
I’m one of several grandkids who inherited. Can I sell on my own? Yes. Each heir holds their own share and can sell it independently, no matter how many grandchildren ended up with an interest.
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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