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Will Executor paying property taxes claims he now owns property
Posted on 1/5/23 at 9:47 pm
Posted on 1/5/23 at 9:47 pm
A friend of mine is dealing with will issues after her father passed away. There’s a property in Texas that was owned by the deceased. The executor, a friend of the deceased paid owed taxes on this property and now claim the property is his. She has a lawyer looking into it but is there any world where ownership of this property would go to the executor for simply paying taxes without approval from the next of kin? Mind you, this property was not listed in the will and that’s not even mentioning the forgery of the will by either the executor and/or siblings.
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Posted on 1/5/23 at 9:48 pm to TheRallyPossum
Is this land in a family LLC?
Posted on 1/5/23 at 9:48 pm to TheRallyPossum
Let us know what that lawyer she has looking into it says.
Posted on 1/5/23 at 9:49 pm to TheRallyPossum
That doesn’t sound legit unless there was a tax sale but that would be open to the public I would think.
Posted on 1/5/23 at 9:51 pm to TheRallyPossum
quote:
A friend of mine is dealing with will issues after her father passed away. There’s a property in Texas that was owned by the deceased. The executor, a friend of the deceased paid owed taxes on this property and now claim the property is his. She has a lawyer looking into it but is there any world where ownership of this property would go to the executor for simply paying taxes without approval from the next of kin? Mind you, this property was not listed in the will and that’s not even mentioning the forgery of the will by either the executor and/or siblings.
I mean are we talking 1/4 acre w/ 3br/2ba house or a sprawling set of land. Lots could come into play. This dude obviously had his eye on the property and used the internet to weasel a claim for property for the price of taxes. If it's in Michigan or some shite where houses are abandoned then fine but if it's in a prospering real estate area then it should be investigated.
How did you hear of all this? Is your friend local or does he live near the property?
This post was edited on 1/5/23 at 9:53 pm
Posted on 1/5/23 at 9:51 pm to TheRallyPossum
Did he pay with funds from the Estate or did he pay personally? Sounds like he did one of those Tax Lien purchases. All the heirs have to do is buy it back for the owed taxes and the fees.
Then the heirs should get together and beat that dudes arse. And also settle the estate ASAP because there is a 100% chance this dude is milking the funds.
Then the heirs should get together and beat that dudes arse. And also settle the estate ASAP because there is a 100% chance this dude is milking the funds.
Posted on 1/5/23 at 9:52 pm to TheRallyPossum
Had a friend in Texas who lost a piece of a larger expensive property because the neighbor had planted a flower bed on part of it and had maintained it for x number of years unencumbered...the neighbor won his lawsuit.
Squatters rights are alive in Texas.
Squatters rights are alive in Texas.
Posted on 1/5/23 at 9:52 pm to TSLG
The issue with that is the aforementioned lawyer has done nothing since being paid a retainer and for services for the last few months and any research has been done by the client.
Posted on 1/5/23 at 9:54 pm to TheRallyPossum
quote:
Mind you, this property was not listed in the will and that’s not even mentioning the forgery of the will by either the executor and/or siblings.
It sounds shady as frick but not illegal, but I’m not a lawyer. Basically this person was good friends and probably helping with the bills and mail? They saw the bills and paid them, and slid in to ownership of the property.
Honestly if the friend is the executor of the will and not a family member, then it sounds like a situation where the family wasn’t very close to the deceased.
Posted on 1/5/23 at 9:55 pm to TheRallyPossum
quote:
The issue with that is the aforementioned lawyer has done nothing since being paid a retainer and for services for the last few months and any research has been done by the client.
Cut your losses and get an attorney that deals with that specifically. Also pics of said female lawyer to decide if she's a scumbag.
Posted on 1/5/23 at 10:03 pm to baldona
Seems like a conflict of interest.
Posted on 1/5/23 at 10:07 pm to JumpingTheShark
quote:
That doesn’t sound legit unless there was a tax sale but that would be open to the public I would think.
And, if he’s the one who didn’t pay the taxes as executor, he would be liable to the heirs for major damages.
This post was edited on 1/5/23 at 10:17 pm
Posted on 1/5/23 at 10:07 pm to Tigahs24Seven
Not squatters actually. This is called adverse possession. If you can prove you maintained land openly for ten years or more, you can win in court.
Posted on 1/5/23 at 10:09 pm to TheRallyPossum
Texas is a pain when it comes to that stuff. I had to deal with clearing up ownership shite for "family" members that have never even met and trying to get everyone to agree is a fool's task.
And forcing a sale and other options are really not beneficial in Texas.
And forcing a sale and other options are really not beneficial in Texas.
Posted on 1/5/23 at 10:13 pm to TheRallyPossum
Differing states have differing laws, but I can tell you, in the states I have worked as a title abstractor, if this dude just paid the taxes, then, well, all he did was just help out whomever held title by paying their taxes. If he bought it at the tax sale, then most states allow for a 2 year redemption for the owner to redeem the sale, at 1.5% interest per month. If the sale is not redeemed, the tax sale purchaser can request a tax deed, but even then, he/she does not necessarily hold 100% fee simple title. There needs to be a quiet title action confirming that the purchaser now holds complete fee simple title.
I know that is a lot of info, but honestly, I don’t know that this executor has much to stand on. Also, should have prefaced this as “I am only an abstractor, not an attorney.”
I know that is a lot of info, but honestly, I don’t know that this executor has much to stand on. Also, should have prefaced this as “I am only an abstractor, not an attorney.”
Posted on 1/5/23 at 10:28 pm to Iowatiger209
quote:
if this dude just paid the taxes, then, well, all he did was just help out whomever held title by paying their taxes. If he bought it at the tax sale, then most states allow for a 2 year redemption for the owner to redeem the sale, at 1.5% interest per month. If the sale is not redeemed, the tax sale purchaser can request a tax deed, but even then, he/she does not necessarily hold 100% fee simple title. There needs to be a quiet title action confirming that the purchaser now holds complete fee simple title.
I know that is a lot of info, but honestly, I don’t know that this executor has much to stand on.
As someone who sells adjudicated property in Louisiana, this is accurate. Someone can pay taxes on anothers property every year for years and not have ownership of the property. You can buy the tax liens through a tax lien sale, but there is still an enormous amount of administrative work to acquire a property and, even then, the title isn't clear and subject to future lawsuits.
Posted on 1/5/23 at 10:35 pm to Iowatiger209
In Louisiana, an owner has 3 years to 'redeem' the property that was sold in a tax sale. They will have to pay the taxes and probably an extra fine and/or interest and any other judgements fees.
A quick Internet search shows that in Texas, a person has two years to 'redeem' the deed/title.
OP needs to get down to the county clerk of court office like yesterday and get this mess straightened out.
Also, OP needs to consult with a good real estate lawyer on this matter.
This sounds like a huge cluster cluck.
BTW, this 'Will Executor' sounds like a real POS.
A quick Internet search shows that in Texas, a person has two years to 'redeem' the deed/title.
OP needs to get down to the county clerk of court office like yesterday and get this mess straightened out.
Also, OP needs to consult with a good real estate lawyer on this matter.
This sounds like a huge cluster cluck.
BTW, this 'Will Executor' sounds like a real POS.
Posted on 1/5/23 at 10:36 pm to TheRallyPossum
In Louisiana the answer would definitely be no. Paying taxes does not make you the owner of the property or give you any kind of lien on it. Ownership can transfer only through the tax sale process. A lot of people don't realize this, so many in fact that Jefferson Parish found it necessary to post a big sign in the courthouse explaining this.
Posted on 1/5/23 at 10:44 pm to TheRallyPossum
quote:
Mind you, this property was not listed in the will and that’s not even mentioning the forgery of the will by either the executor and/or siblings.
Posted on 1/5/23 at 10:50 pm to TheRallyPossum
Contrary to popular belief, it is not a simple as paying back taxes to own property.
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