Legal Question in Real Estate Law in Virginia

I received a certified letter from the county attorney in another state (North Carolina) . The paperwork indicates that I and my late husband's adult children are all being sued for unpaid taxes on a real estate lot there. My late husband died in 2012. At that time I refused claim to any/all assets and my attorney filed the paperwork in Virginia where we resided. There was no will and no executor. My late husband owned several properties in several stares from before our marriage, all mortgaged. I have no knowledge of the property named in the legal paperwork and had no part in purchasing it. I'm not sure how to proceed with this civil lawsuit naming me and other adults as defendants.

Asked on 1/21/23, 7:15 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

You may want to re-post this question under North Carolina, as you probably need the advice of a NC lawyer. It is likely that the disclaimer of inheritance that you filed in VA is not effective as to NC real property, or that they don't know about it. You may still be able to disclaim there as well - a NC lawyer can advise you. Your disclaimer may just make this the problem of your adult children, though, so they may also need to either disclaim or deal with the property (if it has any value). Also, if the NC authorities are just going to sell the property to pay the taxes, you may not need to do anything -just let them have it. But you should consult with counsel in the relevant NC county to be sure.

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Answered on 1/21/23, 7:40 am

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