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.
Most tax lawsuits we see involve multiple heirs spread across a fractured family tree. But sometimes, the situation is simpler in one way and just as confusing in another.
“My parents passed and I’m the only child. There are no siblings, no cousins to coordinate with. Why is there a tax lawsuit at all?”
It’s a fair question. You might assume that being the sole heir would mean the property simply belongs to you. In practice, it’s often more complicated than that.
When a property owner passes away without probate being filed, the property doesn’t automatically transfer to the next of kin in the county’s records. The deed still lists the deceased person as the owner. The next of kin inherits the legal interest, but the paperwork that would make that ownership official with the county hasn’t been completed.
Years can go by like this. The property is technically yours, but the county still has the deceased owner on file. If taxes go unpaid for long enough, the county files a tax lawsuit. They list the original owner and then research the family tree to identify the living heirs. Even if you’re the only heir, your name gets added as a defendant.
Being the sole heir does mean you don’t have to coordinate with siblings or cousins. That’s a real advantage. But it doesn’t change the fact that the property is in a tax lawsuit, the taxes need to be addressed, and you’re now legally tied to the situation.
If you’re in this position, you still have options. You can resolve the situation through traditional channels with an attorney, or you can sell the property directly and have the taxes cleared at closing.
If you’re looking to resolve a tax lawsuit on an inherited property, call or text us at (469) 708-8003 for an offer today.
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