There’s a Tax Lawsuit on a Family Property in Brooks County. What Now?

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 Brooks County has ended up in a tax lawsuit with your name on it, the questions that come with it are 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 Brooks County, taxes run through the Brooks County Tax Assessor-Collector (408 W. Travis St., Falfurrias, TX 78355; 361-325-5670), property values are set by the Brooks County Appraisal District, and the case is on record with the Brooks 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 the rest of the family to agree.

A couple of questions we hear a lot in Brooks County:

There are a lot of us in the family now. Is my share even worth selling? It can be. Even when ownership is split among many relatives, your share still has value, and selling it takes your name off the lawsuit.

Some of the family is hard to reach. Can I still sell mine? Yes. You don’t need to gather the whole family. You can sell your own share on its own, regardless of where the other heirs are.

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.