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Can siblings be sued for Property Taxes owed on parents home?

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K

Kgary

Guest
My mother who is 75 owns a home in Texas and has been in a nursing home for over 14 yrs in very poor health (stroke victim and on oxygen 24/7)she is on Medicaid, and has no money. For many yrs my brother and I paid the taxes due on this home for her but for the past few yrs we stopped due to the expense. Our names are not on the deed nor do we have Power of Attorney for her. The Social Security office told us in the past that the house can't be sold or rented since my mother can't have any income or she would lose her benfits for care in the nursing home. My brother has received many letters from the city in wish she lives on these past due taxes and he has been as honest with them about her situation as humanly possible. They don't seem to have any sympathy about this matter. My brother was told they will put a warrant out for her arrest and he told them where they can find her. My brother has just received a letter to appear August 14th before the judge in this town about this matter and if he doesn't the letter states a warrant for his arrest will be forth coming and he can't afford an attorney. Can we as siblings be sued for this and are we responsible for these taxes?
 


HomeGuru

Senior Member
Something does not seem right. You need an attorney and if you really cannto afford one ask the Court to appoint one for you.
 
K

Kgary

Guest
HomeGuru,
Thanks for the advice.

Makes me wonder if this isn't a bluff with the courts to get someone to anti up on the taxes but without knowing anything about the law on this issue we feel there taking this a little far to pressure my brother but since he's not even on the deed I really can't see where he's liable for his mother's home. This hearing is going to be in the City Hall of a small town in Texas with a judge and the City & County tax people, I'm only assuming this though. I don't think an attorney will be anywhere present to be appointed for my brother. We can't understand why the city doesn't just take the house and lot sell it to the highest bidder to pay the taxes off. Maybe they don't want to deal with Social Security about this.
 
K

Kgary

Guest
Now What?

My brother went to the hearing and his lawyer couldn't attend. After the first meeting with the attorney my brother was told that the tax office was using the excuse that they thought my mother had died (which my brother has made numerous calls and gone in person to this office to tell them she has no way of paying the taxes and is in a nursing home and he made that known to the judge) and they also had access to what she had in her Will and knew that my brother and myself were to inherit the house. Maybe I'm wrong but I think there are many strange things going on here and I'm not sure this is legal on the City's part to be reading people's Will's before they pass away. He said he can tell the judge and the City have no plans of dropping this issue and said that there lawyer and my brother's lawyer would have to work this out and that this was just unexceptable. Neither of us want this to be a long expensive drawn out issue and what would be the best way to handle this. Can they continue to threaten and harress my brother when he's not even on the deed to this house and doesn't he have some rights? We've not wanted to upset our mother but we think it would be a good idea at this point to talk with our mother and explain to her the problems with us being in the Will and possibly having her change the Will because it seems to us they are just wanting to tie this up in court until she passes away or force us to pay to avoid cost fee's and attorney fee's. If we choose this route can this old house be legally Willed to the City where this mess is?? The lawyer did suggest that we need to get the suit out of that small town and into another court would be the best first move. I'll be going with my brother tomorrow to see the attorney and I'm not sure I even trust him since he's in this same small town. Any info would be greatly appreciated.
 

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