New Smyrna Beach, FL asked in Estate Planning and Tax Law for Florida

Q: Mother put house in trust. She died. Do taxes stay the same in trust and in her name or can city tax reg rates? Rule?

The county wants to charge regular rates with no exemptions the year after she died. The house is still in her name. Is there a law that states when the rates change. The house is still in her name and in the trust just as if she were alive. What rules apply here for Volusia County, New Smyrna Beach, FL?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Florida's Homestead Tax Deduction only applies to people, not Trusts.

Most if not all countys send notices reminding citizens to register for the deduction on or before March 1 of each year.

If the property had the deduction the year before it will continue--unless changed by the owner or by the county.

If either the county tax appraiser or the county tax collector becomes aware that the house is in a trust the deduction will be denied for that year--and all future years unless it is removed from the trust and transferred to a person.

Call Volusia County for more details.

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