Legal Question in Wills and Trusts in Texas

My family has property a couple of acres of land that�s been in our family for about 80 years. We have recently discussed selling the property because the taxes are high. There is just one problem my dad has been paying taxes and my deceased aunts husband has not paid any taxes and doesn�t want to pay any taxes. We understand that he is entitled to a part because of my aunt. We have a buyer for the property all we want is for him to pay his part in taxes and he refuses. He just wants to sit around and collect his part in the sale but doesn�t want to pay any taxes. Is there any way we can either withhold his part of the sale for failure to pay his part in taxes or sue him. What are our options.


Asked on 9/24/11, 4:44 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

I believe your dad has a claim against your uncle for the taxes and any insurance paid on his behalf. I believe the statute is in the property code.

Withholding his share of the taxes from the sale may be impractical as he could simply hold up the sale. However, if he does not agree to this, you could sue him. It might be a better idea to perfect your claim before the sale occurs.

See an attorney for more detailed advice.

Read more
Answered on 9/24/11, 8:17 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas