Property Taxes and Senior Tax Exemption

My dad died two years ago at the age of 85. He never had a senior tax exemption on his property taxes. I called my congressman to find out if the extra taxes my dad paid to New York City could be collected by his heirs. He said no. Is that true?

Brooklyn, NY -

Attorney Answers (2)

Robert Jan Suhajda

Robert Jan Suhajda

Tax Lawyer - Cerritos, CA

Q. Does the assessor automatically give the exemption when a taxpayer reaches 65 years of age?
A. No; this is not an automatic exemption. Certain qualifications must be met. You must timely file an initial application and annual renewal applications with the office of the assessor by "taxable status date". In most towns, this date is March 1, but check the deadline with your assessor to be sure. New York City has a filing deadline of March 15.. Some municipalities permit late filing in certain hardship situations or for exemption renewals, and/or the filing of affidavits in lieu of renewal applications after the exemption has been granted on five consecutive assessment rolls.

Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

Good Luck starts with a strategy and a plan.

Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701

Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.

Henry Daniel Lively

Henry Daniel Lively

Tax Lawyer - Newport Beach, CA

Unfortunately, he is correct. You must apply for the exemption and since he did not he would would not be entitled to it at a later date.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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