Legal Question in Real Estate Law in New York

My father in law passed away in October 2008; my husband and I had been living with him in his own home for the last 8 years; taking care of him during his illness.

The house (mortgage free) belongs to my husband and his brother. We plan to continue living there until we are able to see the house and then we will sell and split the proceeds.

The house is in my father- in- laws name and will remain so until we are able to sell the house.

I have a question about the property taxes.

We paid the tax bill in full last December as he had just died a month earlier. He paid a reduced property tax due to STAR and Veterans credits etc.

Does the house need to be reassessed?

Can we just pay the upcoming tax bill even though the owner of the house is deceased? The house will always be in his name until it is sold?

thank you


Asked on 9/08/09, 5:18 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

First, since the death, the house is legally owned by the heirs, and should be correctly titled as such. Second, While the house, for tax purposes, was entitled to certain reductions, the right to the reductions ceased with the owner's death, unless one of the heirs is also entitled to any of them. It may be fraud to continue to claim the reductions when no current owner is entitled to them. I suggest all proper legal procedures (new Deed, tax reporting to assessor) be done promptly.

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Answered on 9/13/09, 6:08 pm


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