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Warranty Deed with Lien Covenant

Posted on: 03rd Sep, 2009 08:25 am
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?
If the bill is not in mothers name then she will nto be able to claim that discount
Posted on: 20th Sep, 2009 06:41 pm
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.
Posted on: 21st Sep, 2009 03:20 am
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