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Warranty Deed with Lien Covenant

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Icon Mini Profile Jeank0050





Joined: 03 Sep 2009

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Post Posted: Thu Sep 03, 2009 8:25 am    Post subject: Warranty Deed with Lien Covenant
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Mother had a Warranty Deed with Lien Covenant made up at a lawyer's office in NYS for daughter as Grantee. It was duly executed in the Deeds book at the County Court House.
Once this warranty deed with Lien Convenant was issued, school and property tax bills were sent to the daughter who also resides at the same address. However, this deed states that the party of the first part reserves the right to the exclusive use and occupancy of the premises during the party of the first part's lifetime with the party of the first part to pay for all insurances taxes, etc. Question: Does the mother, (party of the first part) still get the senior discount on her school taxes even though the bill was sent to daughter?
Icon Mini Profile sunnyca2009





Joined: 04 Aug 2009

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Post Posted: Sun Sep 20, 2009 6:41 pm    Post subject:
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If the bill is not in mothers name then she will nto be able to claim that discount
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

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Post Posted: Mon Sep 21, 2009 3:20 am    Post subject:
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Hi Jeank,

The mother has transferred the property to the daughter, but she still holds a life estate on the property. She also reserves the right to the exclusive use and occupancy of the premises. The deed also specifies that she is liable to make the insurance and tax payments. Thus, I believe she should be able to claim the school property tax credit, given she is at least 65 years old and occupies the property as primary residence.
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