Follow
Share

My father passes away in February of this year. He was legally blind and exempt from paying personal property taxes on their home. On the title, it says both my mom and dad's name divided by the word 'or', and across says EXEMPT. When I went to the probate office to get my father's name off of all titles, they said being that I have power of attorney and sole caregiver to my mother, that it would be put in my name. This is my mother's home until she passes and I am unsure if she'll be entitled to pay taxes on the house now that dad is gone. Has anyone ever been in this type of situation? I'm sure every state is different. I'm not sure who to call to find out. Any advice would be great!

This question has been closed for answers. Ask a New Question.
I would have some reservations about taking advice from staffers in Probate Court. I'm sure they're well meaning and knowledgeable within the scope of their positions,, but based on my experience, these aren't trained or practicing attorneys, although there may be an attorney on staff (there was in our county).

I'm a bit confused by the "father or mother" issue on the title. Typically titles include descriptive references to whether they're joint tenants with rights of survivorship, or tenants in common, but title has to vest in someone. I'm not familiar with title being and either/or situation.

The "or"also raises in my mind whether or not title vests automatically in your mother upon your father's death. So who owns the property now would in my mind be a question that should be answered by someone with legal experience in real estate law.

I could very well be mistaken if this is a practice that's outside of my experience range, and it might be. But I wouldn't want anyone to follow advice of someone who hasn't been trained in law, but rather in the practices of a court. There are some issues that really require legal training as opposed to staff training.

If you don't have funds to consult an attorney for this issue alone, check senior centers to determine if they have free attorney consultations or contact local law schools to find out if they have legal clinics which address real estate property transfers on death issues. You might be able to get this resolved for free.

Any deed would have to be properly drawn, as well, and this is definitely a matter for an attorney, so that might be the safest route.
Helpful Answer (0)
Report

This would vary by state. You should check with your individual state's laws. For example, in some states, disabled persons are exempt from all or part of property taxes, whereas in other states only disabled vets are exempt. In some states, retired senior citizens are exempt from all or part of property taxes. You may also look into homestead property tax exemptions. If this particular exemption was due to your husbands disability, you should check and see if you qualify for another type of exemption. I'll bet you will find positive news.

Angel
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.