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Parent wants to leave her home to her son in a life estate warranty deed. Will taxes continue to have over 65 exemption.

Tomball, TX |

The Warranty Deed states: The Grantor herein reserves for and during her natural life time the right to use, occupy, claim, enjoy and pay ad valorem taxes on the herein described tract of land. This life estate shall terminate upon the death of the Grantor, and upon Grantor’s death, this property will fully vest in (Son's name). She currently has a homestead exemption and taxes frozen when she turned 65. Will these exemptions continue until fully vested in the son.

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Attorney answers 3

Posted

Most likely the exemptions would continue as long as she claims the property as her homestead. Also, if she elected to stop paying property taxes altogether, those taxes will be due on payable on her death, so be sure to have enough money to cover that.
However, you should consult a real estate or estate planning/elder law attorney to prepare or review the deed. Also, the mother may need other estate planning/elder law assistance as well that has not been considered.

If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.

Posted

I agree with Mr. Koel. Upon the death of the parent, however, the tax situation will likely change. Keep in mind that a life estate preserves the rights of the life tenant for the remainder of her life. The deed should be prepared by an attorney to make sure it is done properly. This should not be an expensive service.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

Yes, so long as the property is owned by the parent and utilized/claimed as a homestead, that tax arrangement should continue undisturbed. When the the property transfers to the Parent's heir, it may not be a homestead anymore, and there will almost certainly be other taxes associated with the transfer as well. Depending on the Parents unique situation, there may be a more beneficial estate plan for you to minimize the tax impact of this transfer. This is definitely an issue to consult your attorney about in person so he/she can get the rest of the Parent's story and structure the best possible estate plan.

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