We just learned my sister sold the family house for $500, and $6,000 dollars were owed in taxes on it. My oldest brother was the executor but died in 2011. My brother's wife continued to get the tax bill and only told my sister about it since she lived in the area, (we live out of state in PA) I was not aware that the taxes were behind otherwise, me and my husband would have sent the money for the tax bill.
We believe this transaction was illegal, can the state of Georgia sell a house if it has lien on it from back taxes? How did my sister get $500 dollars from this sale? Doesn't the sale of an estate require signatures from all heirs?
There is a two year right of redemption, if you go and pay the back taxes on the property within two years of the actual tax sale. If you are able to redeem the property, hire an attorney, and file for letters of administration with the will annexed on your father's estate. The will can then be probated, and the property can be distributed in accordance with the will.
Yes, the State of Georgia can sell a house for unpaid taxes. If the house sold for $500 more than the taxes and other liens on the house, then $500 would go to the estate. A tax sale would not require the signature of any of the heirs. You should speak to an attorney in the county where the sale took place. If everything was done properly from the county's perspective, then there is probably nothing you can do, but is worth at least looking in to.
Yes. It is called a Tax Lien Sale. The buyer of the lien pays off the taxes and the property ownership passes to him or her. If you pay the back taxes owed you can 'save the house'.
If you find this answer helpful, please mark it here on AVVO as helpful. My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.
Did the executor of the will never transfer the deed into the name of the heirs, or was the property left in the name of the deceased? The fact that I'm having to ask this about an estate that started before 2011 tells me no one got an attorney involved until now.
Trust me when I say that whoever's name was still on the tax records got ample notice of the Tax Assessor's intent to sell the property if the lien wasn't paid.
And no, a tax sale doesn't require anyone's signature, only evidence that the record owner was duly notified of the unpaid taxes and has taken no action to correct the problem.
If the tax commissioner did not sell it, then you won't have a redemption right. That right attaches only when the tax commissioner sells the property. Sound like your problem is with your relative. However, if she lacked the legal authority to sell the property, then the buyer would not be blameless in this matter. The buyer should have conducted an examination of the title which would have revealed that the relative lacked authority to sell as she was not the lawful representative of the property. You should contact counsel to look into whether an action to have the conveyance set aside is available.
PLEASE, IF THIS ANSWER WAS HELPFUL, LET OTHERS KNOW IT. MARK THE ANSWER AS HELPFUL. THANK YOU! LEGAL DISCLAIMER: No attorney-client relationship is established on the basis of any information provided by Mr. Birchmore. To establish such a relationship, a written fee agreement must first be executed by the attorney and the reader. The responses given by Mr. Birchmore are in no way intended to be actual legal advice, and they should not be interpreted as such. WE ARE NOT ALLOWED TO "COACH" ANYONE either here online or by telephone should a reader happen to call us. Instead, our responses are given as general information to be considered, reviewed and confirmed by an attorney more familiar with the reader's particular circumstances. All information posted herein is specific to the laws of Georgia and should not be considered as information for the public at large. If you find yourself involved in a legal matter, seek assistance from an attorney in your local area. No reader should rely on any statement made here without first verifying it, in person, with an attorney. Any person who relies on any information contained in these responses does so at their own risk. Go see an attorney!
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline