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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27374
Experience:  Began practicing law in 1992
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At my mother death in Texas her only estate was her home. I

Customer Question

At my mother death in Texas her only estate was her home. I had an heir-ship affidavit with regard to her residence accomplished wherein it stated that my sister and myself were her only heirs. I also completed a quit claim deed thus making my sister the sole own (2008). The problem is I'm now being suited for tax tax lien because she has not paid the taxes nor recorded the affidavit and deed. Is there a way I can compel her to record those documents with the county clerk? What recourse do I have. It's not my property so what if the tax entities put a lien on or take her property? Can it effect me negatively some how?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

You could sue for an affirmative injunction to force her to record the documents or you can defend the case based on no ownership interest.

Dwayne B. :

If you don't defend the case you can get a judgment against you and they can try and collect it.

Customer:

The amount is less than $10,000 and the house is worth $100,000 wouldn't they go after the house first?

Dwayne B. :

Yes, normally so. However, there would still be a judgment against you until the house is auctioned off and the monies applied to any mortgage that exists and the taxes.

Dwayne B. :

And assuming that they get enough to pay those off.

Customer:

Thank you. I think I'll defend on no ownership as I have photo copies of the documents.

Dwayne B. :

Just the fact that a judgment is issued against you will have some effect on your credit rating if they find out.

Dwayne B. :

That is a valid defense and one that the tax authority probably will not put up too much of a fight against.

Customer:

That would be OK.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27374
Experience: Began practicing law in 1992
Dwayne B. and 3 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Best wishes to you.
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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Dwayne B.
Dwayne B.
13289 Satisfied Customers
Began practicing law in 1992