Asked in Tax Law for Georgia

Q: What is GA law on overpayment of property Tax. How many years must they give credit for by Ga law?

My mother recently passed away in January 2019. I am executor of her estate& beneficiary. She & my dad(deceased2013) paid property tax on 5.08 acres. Du to title search performed when she passed there is only 4.26 acres. Last deed was dated 1979. Can I make them credit me back to when they were taxed on 5.08?

Told only could get 3 years back. Is that correct. Quoted by tax assesssors office. It’s the law

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1 Lawyer Answer

A: If the person who told you that the time limit is 3 years is an official of the taxing authority imposing the tax--as opposed to some well-meaning friend--then you should believe the official. In Florida, the county taxing authorities must give written notice of any change in the current assessment and must also provided the OWNER with some administrative method of challenging the assessment--including an error in the size of the property--within some (very short) amount of time. Erroneous tax assessments that caused an overpayment which could have been challenged 40 years ago are time-barred for compelling public policy reasons not relevant here.

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