How far back cana tax departmentcollect real estate taxes that were incorrectly charged to the homeownerthroughno fault of the owner?

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How far back cana tax departmentcollect real estate taxes that were incorrectly charged to the homeownerthroughno fault of the owner?

My daughter-in-law’s father transferred ownership to her under a life estate or living trust. The real estate taxes were beng paid under the mortgage company. The real estate taxes were given the senior citizen credit because he was over 65. He died several years ago. Since my daughter-in-law became owner of house, she has refinanced once a few years ago through the same company. The real estate taxes are still being paid by the mortgage company. She just realized that her taxes are still credited with the senior discount. She never filed any false information. Will she be responsible for all of the years of this error?

Asked on February 26, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that your daughter in law consult with a real estate attorney experienced in property tax law. Different states have different laws regarding property tax payments concerning the situation that you are writing about.

For example, so long as there was the life estate for your daughter in law's father while he was still alive and living in the home even though title was in the daughter's name, the lower tax rate for the senior should apply. In some states, the transfer of title from parent to child allows for the continued tax basis for property taxes for the property transferred.

Your question does not have the needed facts to answer in detail. That is why your daughter in law should consult with a real estate attorney about her situation.


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