law question concerning g property and back taxes

caughtinarut

Senior Member
The property next to me had a notice from the tax office that is to be sold because of back taxes. I called the office and they told me the amount that was owed and that if the people responsible for it paid that amount before October 3rd, it would be taken off the list. I called the grandsons that I thought were in charge and they said that didnt pay last years. I told them what the tax office said and that if they paid the taxes i would buy it from them for that amount or give them the money for the taxes and they give me the property. He said that the property is not in their name and he is not sure he could do that. The grandmother, their uncle, and mom are dead. Can the grandsons sell the property since they are the closest relatives and were paying the taxes or are they going to have to get their name on the deed?
 

natureman

Senior Member
I think it would have to go thru probate to be in another name. Why don't you just bid on it. There is no way it could go thru probate by Oct. 3
 

caughtinarut

Senior Member
Well I could but I know I would get outbid by a certain someone in the neighborhood that will make it into a rental or put an old trailer on it. They buy up properties and turn them into trailer parks.
 

Artfuldodger

Senior Member
What about give the grandson the money to pay the taxes? You'd think some heir could pay the taxes on the property even if they weren't the owner. Maybe they could get a lawyer to pay the taxes.

Then after the taxes are paid you can negotiate a buy. Gotta figure out a way for them to pay the taxes before it goes to auction.
 

caughtinarut

Senior Member
What about give the grandson the money to pay the taxes? You'd think some heir could pay the taxes on the property even if they weren't the owner. Maybe they could get a lawyer to pay the taxes.

Then after the taxes are paid you can negotiate a buy. Gotta figure out a way for them to pay the taxes before it goes to auction.

Thanks Artfuldodger that is what im working on. I hoping the 2 brothers can pay it and then we work it out. If i gave them the money for the taxes I would want it approved through a lawyer and I'm not sure there would be time to work that out before the 3rd.
 

Spotlite

Resident Homesteader
Couldn't the tax place tell you who is responsible for the taxes? That would be the person to deal with. I would think even in an estate, there's a responsible person or persons named. Hope you work it on it soon though.
 

caughtinarut

Senior Member
It is the grandsons. I was just thanking that since the person listed on the deed, the grandmother, has been dead for over 8 years that the next of kin who has been paying the taxes would have the power to sell. But the easiest thing will be if they can go ahead and pay the taxes so will be off the market.
 

Jim Baker

Moderator
Staff member
THis whole story does not make any sense. An executor would have been appointed by the Probate Court when the Deed holder died. IF the grandson is the executor of the estate then he can enter into a contract to sell in which you can give him the tax payment up front to be deducted from the selling price later. Explain to the grandson you have money in hand. The tax sale is a crapshoot plus he will owe fees associated with the tax sale. See a lawyer.
 

Dustin Pate

Administrator
Staff member
THis whole story does not make any sense. An executor would have been appointed by the Probate Court when the Deed holder died. IF the grandson is the executor of the estate then he can enter into a contract to sell in which you can give him the tax payment up front to be deducted from the selling price later. Explain to the grandson you have money in hand. The tax sale is a crapshoot plus he will owe fees associated with the tax sale. See a lawyer.

It is very possible it has never been probated. I run into it every day. But all other information is valid. You need to find the legal executor/exectrix. That person will be the only one who can deed the property to you. Someone needs to step up and pay the back taxes before the date it goes to the courthouse steps. They still have the right of redemption after that date but will pay interest on it.
 

caughtinarut

Senior Member
Thanks for the advice. I'm going to try to talk to the grandson again this weekend. I will talk to the tax office and Probate Court to see who is the executor of an estate
 

Jim Baker

Moderator
Staff member
It is very possible it has never been probated. I run into it every day. But all other information is valid. You need to find the legal executor/exectrix. That person will be the only one who can deed the property to you. Someone needs to step up and pay the back taxes before the date it goes to the courthouse steps. They still have the right of redemption after that date but will pay interest on it.

I agree, that is why I would question if the grandson is actually the appointed Executor.
 

rayjay

Senior Member
There may be no will and the property is basically abandoned and will go through the tax lien / auction process.
 

rayjay

Senior Member
Also, you are going to have to give the grandsons some profit or else they aren't going to have any incentive to spend their time messing with it.
 
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