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My mother-in-law died in august of 2004. We notified Florida of her death. My sister-in-law inherited the property based on a Quit claim deed with her as the beneficiary. We received tax bills for 2005 and 2006 based on the amount the property was appraised for and which we paid.In 2007 we received notification that the taxes were delinquent for 05 and 06 and with penalities and interest the amounts were in the $7,000 to $8,000 range. I called on her behalf and an adjustment was made for 05 with late charges and interest reduced by about $3,000 which included the amount she had paid. For the 06 tax bill we received a check for the amount she had paid, about $1,700 but we paid in excess of $8,000 foor that year. We did not know the rules regarding Homestead, in Massachusetts a home can be homesteaded and keep it safe from creditors. Had we known what the increase in taxes would have been, she would have sold it. Have we grounds to recover any of the money from 2005 and 2006?

Submitted: 457 days and 19 hours ago.

Category: Legal

Value: $30

Status: AWAITING EXPERT REPLY

Fort Lauderdale/Broward County, Florida

Already Tried:
Dealt with the Broward County Assessors office and with an appraiser for Broward County.

Accepted Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
Based on what you have related here, this situation is most puzzling. Florida is generally viewed as among the very best states -- if not the best -- in terms of homestead protection as far as asset protection from creditors. The Florida homestead exemption is mandated by the State Constitution. The dollar value exemption is unlimited.
However, there is a difference between that sort of lawsuit protection and the exemption provided for the payment of property taxes. In the latter instance, it would appear that your sister-in-law would be eligible for the standard $25,000 property tax exemption. Please click here for some information about the various exemptions available under Florida law.
It sounds like you have already done your homework, but one additional place to contact (if you have not already done so) would be the Value Adjustment Board. Unfortunately, these agencies can tend to be pretty determined in their valuations, so if you get no satisfaction and the amounts justify doing so, your last resort may be to retain a real estate attorney.
I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.
If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Accepts:
Expert:	Benjamin M. Burt, Jr., Esq.
Pos. Feedback:	99.4 %
Answered:	8/22/2008

Lawyer (JD)

Relax. I can help. Licensed attorney 11 years. Experienced provider of online legal information.

457 days and 18 hours ago.

Reply

Thanks for your help and suggestions. My sister-in-law not only doesn't reside in Florida she has no intention of doing so. We will buy her share and move down when we get our condo sold. We are also seniors does that mean a $25,000 additional exemption is available? Also, isn't the new exemption at $50,000? The question I had hoped to get a response on was whether we could have fought the higher rate of taxes since we had already paid 2 years based on what we received. The V A B is Property appraisers News which accompanied the preliminary tax bill. I will accept the response and release the $30.00 for payment. If you could investigate if and how we might be able to recover some of the approximately $12,000 we paid instead of what would have been about$3,500. Thanks, Henry

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Fort Lauderdale/Broward County, Florida Already Tried: Dealt with the Broward County Assessors office and with an appraiser for Broward County.

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Dealt with the Broward County Assessors office and with an appraiser for Broward County.