Ithaca, NY asked in Real Estate Law for New York

Q: For real property tax reduction because I am over 65 and income under limit, I need the deed to my house amended.

I need a Life Use addendum. I co-own with my daughter, but I am the only resident owner. We each have joint tenents rights of survivorship but were not advised at closing of the need for Life Use for me as the 83 year old owner to qualify for property tax decrease. I need to know if I am responsible for the considerable costs of amending the deed and reregistering it. Or should we have been informed of the option. Also does the survivorship clause limit my ability to bequeath my 1/2 interest in the house to my other children as well as to my daughter?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The survivorship clause means you cannot bequeath your interest to anyone. Title passes to the co-owner at your death by operation of law. The deed does not need amending for STAR. There is an affidavit/form you need to sign. Call the tax assessor in your town.

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