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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I co-owned my parent's condo in Columbus, Ohio, since 1991,

Customer Question

I co-owned my parent's condo in Columbus, Ohio, since 1991, but only my father and I were on the deed and mortgage. He passed away in 1995, so only my name remained on the deed (I had already paid off the mortgage). My mother continued to live there until she passed a way in 2013. I was recently informed by Sarasota Co., Florida, that my homeowner's exemption there was being denied because I had received the 2.5% owner-occupancy credit in Ohio.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: I just got off the phone with Franklin Co Auditors who said that the credit should not have been given since my Dad's passing in 1995. Now I'm trying to figure out how much I will own and if there is a way to waive penalties, etc. I never requested the exemption, but it was clearly missed when the deed was redone with his passing. For now I've just asked them to remove the credit from 2013 when my mother passed away.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The auditor's office said she had never seen one missed for 20 years like this and didn't know what the outcome would be.
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the problem is that under FL law, you can only receive a homestead exemption at one location as your primary residence. As far as what is owed, that has to be calculated by the auditor, we cannot tell you that. You will have to get Franklin County OH to remove the exemption from the OH property and if the problem was their mistake when you changed the deed removing your father, then you should not be liable for any penalties only interest. However, we simply do not have access to the information to calculate your interest they would charge you for the back payments.