Legal Question in Tax Law in New York

my daughter in laws father transferred ownership of his house in ny state to her under a living trust.The real estate taxes were being paid thru her mortgage company. the real estate taxes were being credited with the senior citizen credit. He was over 65 yrs old. he died several years ago. Since his passing my daughter in law refinanced once thru the same mortgage company. the taxes are stil being paid by the mortgage company. She just noticed, the real estate taxes are still getting the senior citizen credit. Even though this is thru no fault of her own, can the dept of finance make her pay for the error ? If so how far can they go back. he died 9 years ago

Asked on 3/05/12, 7:05 pm

Walter LeVine Walter D. LeVine, Esq.

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It is possible they could go back the entire period. The responsibility for correcting this is usually on the homeowner.

Answered on 3/06/12, 7:02 am

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