Legal Question in Wills and Trusts in Texas
Texas Real Estate (Probate question)
My dad got a phone call a while back from a clerk at the Crane County, TX tax assessors office asking if he knew someone by the name of ''Asbury''. Turns out that was his grandmother's maiden name. He faintly remembered that his father had decades ago had gone down there to ''look at a piece of land''. The upshot of the call was that they were looking to collect back taxes all the way back from 2002 (a whopping $40 including penalties) on a 90 acre plot of land. The last person that had kept up on the taxes was my dad's half-brother, but he apparently stopped paying them in '02 hence the phone call. We don't know how or why they contacted my dad rather than any of his siblings (maybe they did but he was the only one who responded?). My dad figured ''what the heck'' and paid it.Apparently the land has never been taken out of the name of my dad's great-great grandfather. Ultimately, my question is this: who gets ''dibs'' on property like this? Does the person who has acted as custodian for the taxes enjoy any particular position that could ultimately result in a ''first right of refusal'' situation with regard to taking ownership of the property? How would one go about trying to take ownership of the land?
1 Answer from Attorneys
Re: Texas Real Estate (Probate question)
The land should be owned by the heirs of great-great grandfather, unless someone has claimed adverse possession in the past. A title search might be in order. The person sho pays taxes and "uses" the land for over the prior 10 years can be an adverse possessor, and then can claim title. If, in the meantime, there are other claimants, your dad would be entitled to a right of reimbursement if he pays the taxes for a while. Talk to an attorney about the specific requirements to "claim" the land.
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