Hello. Mom keeps getting property tax notices for land her late husband purchased without her knowledge. There is no joint signature for the property. She lives in NY and he purchased the land in Pa. for some unknown reason.
The taxes owed are less than 150.00 but she has no title or any knowledge of the land.
She has been receiving his notices for over a year despite attempts to explain the situation to the PA. tax collector.
"Elder attorneys" have been useless in her county and their fees would exceed the tax owed, so does anyone actually know how to resolve this?
Thank you
I don't know if tax sales have the same IRS rules as write-offs on credit card bankruptcy, but I do know that people have gotten hit with large tax ramifications when their credit card debts have been written off due to bankruptcy proceedings, because the IRS considers that "income".
I understand you are doing this long distance and already have too much on your plate, but it might be more fiscally prudent for you to pay the relatively small amount of taxes and then look to sell the property. At the very least, make a call to an accountant in PA to see what tax ramifications there might be by allowing this to go to a tax sale. PA also has different rules governing ownership because it is, technically not a state, but rather a commonwealth.
In any case mom is not connected to the land and has no responsibilities.
It is a shame how a spouse can do so many things without consulting their better half. These things come back and haunt people for years.
Thank you for all the amazing help!
I am with Geaton, just send the bill back.
After working late, I sent an email to the Sterling collector stating her husband is deceased and she has no association with the property. I asked if they can just sell it off.
I have very limited time at work but will try to call them. The offices in Pa are too far to travel so Ill have to manage long distance.
I found 2 properties in his name not hers. One had 2 different sales numbers. I searched his county surrogate court and found no will records.
Thank you for the responses
To clarify, mom is in a nursing home with dementia and no poa. I live out of the area and have to manage this long distance.
I do not know anything about the husbands estate, the executer or if she inherited the land. The tax bills are in her husbands name.
I don't think the land was in his will. She knew nothing about the land purchase until he told her. She wants nothing to do with the property.
I could call Pa. and see if they can sell the land. Due to my job and everything else going on, it would be nice to close this out asap
Thanks
Unless you think your Mom needs money to fund her facility care... then maybe paying a measly $150 for a possibly sellable piece of land may be worth it. She would have to pay the $150... not you.
I personally would make the call to see what's up with this whole thing. But if you're not the deceased husband, and you're not even the PoA for that man's wife (your Mom) -- then don't be surprised if they aren't willing to divulge information to you.
When I was trying to track down how my miserable (deceased) SFIL managed to pay off 3 yrs of back property taxes ($12k) when he literally had no money in any of his bank accounts that I was aware of, the county tax office would only tell me he paid by check, but would not tell me what bank it was issued from, would not allow me to see a copy, or any other details -- because I was not the Personal Representative for his estate. He was under court-assigned legal guardianship when he passed and didn't leave a Will and had no assets. Maybe PA will be more lenient.
Me, I would go there to the County Courthouse in PA where property is and find out where this parcel is and go see it. If its something Mom is not interested in, see what will happen if she chooses not to pay the taxes. Maybe it would be worth it to put it up for sale. County puts a tax lien on it and when the parcel is sold, the lien is satisfied and Mom makes a few bucks.
Whether your mother is responsible for the taxes on land owned by her deceased husband or not goes according to the "community property" laws of your state. Someone will need to research that and if an attorney is too expensive or too lame to know that, then it is probably up to YOU.
With the tax amount being miniscule here is what I would do.
1. Write out a check for the 150.00 in taxes.
2. Research community property laws, or have executor or administrator of Dad's estate do so, and find out how to draw this land into the estate.
3. Sell or keep the land as investment; it gets passed to the beneficiaries, whether that is mom alone or mom and the children of the marriage.
"Even if the widow has no deed or probate paperwork, the county will still pursue unpaid property taxes, and the land can still be sold at tax sale. However, she does have rights and ways to protect herself once her status is clarified.
1. How PA views ownership after a spouse dies...
If the land was owned by the deceased spouse:
Ownership passes through the estate, not automatically to the surviving spouse (unless titled a specific way).
Until the estate is probated or the deed updated, the county will:
- Keep the property listed in the deceased person’s name
- Send tax notices to the last address on file
Key point:
Tax liability follows the land, not the paperwork. Lack of proof does not pause delinquency or tax sale.
2. How she can still receive notices without “owning” it on paper?
She may be receiving notices because:
- She lives at or receives mail at the property address, or
- She notified the county informally of her spouse’s death, or
- She’s listed as a contact but not the legal owner
This does not mean she is personally liable — but the land itself is at risk.
3. Can the land be sold if she never proved ownership? Yes.
If statutory notice requirements are met:
- The Tax Claim Bureau can proceed
- The property can be sold even if the owner is deceased
- Courts have repeatedly upheld this in PA
- The buyer gets title based on the tax sale, not the deed chain.
4. Does she have any rights without paperwork?
Yes — as a surviving spouse and likely heir, she has standing to:
- Pay delinquent taxes to stop a sale
- Enter a payment agreement (county discretion)
- Open probate and assert ownership
- Challenge a tax sale if notice was defective
- She does not need the deed to pay or negotiate taxes.
5. What about probate? (This is critical)
If probate was never opened:
- The land is technically part of the deceased spouse’s estate
- The county does not wait for probate
But opening probate even late can help:
- Establish her authority as executor or heir
- Allow deed transfer or sale
- Provide leverage to stop a judicial tax sale
In PA, probate is done at the Register of Wills in the county where the decedent lived.
6. What if the land was owned as “tenants by the entirety”?
If the deed shows Tenants by the Entirety (very common for married couples):
- Ownership passes automatically to the surviving spouse
- No probate is required for the land
She can:
- Record a Death Certificate + Affidavit of Survivorship
- Update the deed records
Even without paperwork now, this can usually be reconstructed.
7. What happens if she does nothing?
- Interest and penalties continue
- Property goes to upset tax sale
- If unsold, then judicial tax sale
- At judicial sale, she permanently loses the land
Her lack of paperwork does not protect the property.
8. What she should do immediately (practical steps)
Contact the County Tax Claim Bureau and Ask:
Whose name is on the tax roll?
Is a sale scheduled?
Can payments stop the sale?
Search the deed
- County Recorder of Deeds (often online)
- Look for tenancy by the entirety language
Open probate if needed
- Register of Wills
- Even a small estate filing can help
Pay or negotiate taxes
- Anyone can pay to stop a sale
- Payment ≠ admission of personal liability
Consult a PA estate or real estate attorney, Especially if a judicial sale is pending.
One very important reassurance:
She will not be arrested, sued personally, or penalized criminally for unpaid property taxes if she never formally owned the land. The consequence is loss of the land, not personal punishment."
Disclaimer: ChatGPT can make mistakes. Check important info.
Im still steaming about how useless the so called elder attorneys are in her area. I emailed the Pa tax office and got redirected to their claims office. After work I will try to contact them to see if they can repossess the land and close this out.
Or you pay the taxes and contact a real estate agent and sell the property.
Look up the property and see where it actually is, what it is and then find out what it is actually worth. Then make a decision.
Sell. You'll make a fortune off any kind of land but not for long. That bubble is going to burst soon.
Did your stepfather leave a will that he left the land out of? Or did he die without will, in which case she inherited some or all of his property under intestate laws?