Lone Star Legal Aid’s Mariah Gorom Helps Disabled Woman Prevent Foreclosure of Family Home

Cecelia, a 50-year-old Houston woman with a disability, lived with her mother in their family home for several years. Cecelia’s mother had twelve children, some of whom she outlived. When she passed away without a will, Cecelia found herself unable to afford the high property taxes and at risk of foreclosure. Desperate for help, Cecelia contacted Lone Star Legal Aid. Mariah Gorom, a Staff Attorney with Lone Star Legal Aid’s Housing and Consumer Unit, took immediate action.

Mariah’s first priority was to maintain good communication with the Harris County Appraisal District (HCAD) to ensure that all paperwork was accurate. Her goal was to secure Cecelia’s position, as she was at risk of foreclosure due to unpaid property taxes. Mariah explained, “Creating a will ensures that a person’s assets are distributed according to their wishes and helps prevent disputes by clearly outlining the person’s intentions.”

When someone creates a will before they pass away, their estate goes through a legal process called probate, which is used to administer the deceased person’s estate. This allows their wishes to be honored in accordance with the law. Although Cecelia’s mother had started the process of creating a will, she did not complete it, making it invalid in the eyes of the law. Because there was no valid will, the property was considered intestate, meaning it would be evenly distributed among the next of kin. If a parent has living children, the estate is divided by a percentage among those children.

Mariah notes that “the most effective way to prevent complicated heirship issues is for the homeowner to create a will and engage in proper estate planning. This ensures that their loved ones clearly understand who inherits the property, making the process smoother overall. If someone discovers they are an heir to an estate without a will, it is advisable to consult an attorney as soon as possible to avoid complications, such as a tax foreclosure lawsuit, which can arise if property taxes remain unpaid.”

To avoid a tax foreclosure lawsuit, property taxes must be manageable for the homeowner and their heirs. While being approved for a property tax exemption won’t eliminate future taxes, it may help prevent foreclosure by allowing the homeowner to catch up on home expenses.

Here are steps you can take to lower property taxes:

Step 1:

Establish your property as a homestead by submitting the “Residence Homestead Exemption Affidavit” to the county appraisal office. This will help you obtain the homestead tax exemption, reducing your property taxes by 10%. Be sure to include supporting documents, such as a copy of a recent bill in the homeowner’s name, a copy of the previous homeowner’s death certificate, and a copy of the person’s license or ID with the address for the property in question.

Step 2:

Research other property tax exemptions you may qualify for if you have the necessary documentation. Some examples include:

• 65 and older
• 55 and older with a disability
• Widow of a deceased family member (within one year)
• Disabled veteran
• Survivor of a first responder killed in the line of duty

Cecelia’s case was more complicated because she did not have clear title to the property. After their mother’s passing, all of Cecelia’s siblings were granted a portion of ownership in the home. Mariah worked diligently to obtain written agreements from Cecelia’s siblings, transferring their ownership to Cecelia. Thanks to her siblings’ kindness and Mariah’s legal assistance, Cecelia gained full ownership of her mother’s home. Mariah then drafted and recorded Cecelia’s deed and secured several property tax exemptions for her, including the Homestead exemption, disability exemption, and property tax deferral.

Names have been changed to protect the identity of the client(s).

Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.

Media contact: media@lonestarlegal.org