Property Tax Exemption Reinstatement

Summary

If a property in Texas mistakenly changes ownership and then reverts to the original owner, tax exemptions should be reinstated. This is generally covered under Texas Property Tax Code, Section 11.43. However, action from the owner may be required to ensure the exemptions are reinstated. For detailed interpretation and case-specific advice, consulting a local tax or property attorney is recommended.

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My father had his land surveyed in Texas he sold a portion of his property to the neighbor the tax office recorded the owner wrong and the taxes were based off the owners information after about 2 years finally my dad's portion went back and his name without the exemptions. I cannot do a homestead to lower the taxes because it was in the neighbor's name now my taxes are considerably higher than they should be what can I do
Hi! It sounds like a complex situation. To clarify, is the property now in your name or your father's? Also, have you contacted the tax office to rectify the error?
The property is still in my father's name
Hi! In Texas, you can apply for a tax exemption if you're the property owner. It seems there's a need to rectify the ownership records with the tax office. Have you tried discussing the problem with them?
The tax office has since fixed the error in records. However they did not put my father's exemptions back in place
In Texas, if the tax office did not reinstate your father's exemptions, you can:
- File a protest with the Appraisal Review Board.
- Consult with a property tax attorney for legal advice.
Remember, you should act quickly as there are deadlines to filing a protest.
****do I do if the property should have never been in the neighbor's name? Which caused me not to be able to homestead the property
It seems you need to resolve a property ownership issue. In Texas:
- You can contest the ownership in court.
- Engage a property or real estate attorney.
May I know your location to suggest nearby legal assistance?
Earlier we chatted and the answers were a bit different
I'm sorry if there was a misunderstanding. Could you please specify the information that was different in the previous chat? This will help me provide you with accurate and consistent advice.
You said when the property was put back in the previous owner's name which is my father the exemption should have been put back in place as well because they're based off the recorded owner
I apologize for any confusion. In Texas:
- Generally, exemptions should be reinstated when the property returns to the original owner.
- However, it seems there was an error. Your father can file a protest with the Appraisal Review Board.
- Consider getting legal advice from a property tax attorney.
How long do you have to change the title on your property from the decedent to the heir
In Texas, there's no specific deadline to change the title from the decedent to the heir. However, it's advisable to do it as soon as possible to avoid legal complications. Consider consulting with an estate or property lawyer for guidance.
Where can I find it in the law books that says exemption should be reinstated when property returns to original owner
Texas Property Tax Code, Section *.* (e-*) states that if an exemption is cancelled or reduced because the property is not the owner's residence, the exemption is reinstated when the property owner reoccupies the property as their residence. Please consult a local attorney for detailed interpretation.
****is the property owner passes away
In Texas, if the property owner passes away:
- The property usually passes to the heirs or to the beneficiaries named in the owner's will.
- Probate may be necessary to legally transfer the property.
- If the deceased had a surviving spouse or children, Homestead Exemptions can continue.
Consider consulting an estate attorney for guidance.
No as I stated earlier my father sold a portion of his property the neighbor and the tax office recorded the owner of the whole property not just his portion and the exemptions were taken off. Once the correction was made about two years later and the portion that still belong to my father went back in his name you said the exemption should be reinstated when the property returns to the original owner which the owner is deceased and The heirs have not put the property in their name yet
In Texas, if the deceased owner was receiving tax exemptions, heirs may be eligible to continue these exemptions if they meet certain criteria (like residency). For the correct transfer of property and exemptions:
- Legal documents (like a will) must be presented to court.
- An estate or property lawyer should be consulted.

Remember, this is general advice. For specific guidance, please consult a local legal attorney.
Where can I find information on taxes when a property is recorded under a different name and exemptions are lost and not put back in place when the original owner is rerecorded
In Texas, you can refer to:
- Texas Property Code (Title *, Taxable Property and Exemptions)
- Texas Property Tax Code, Section *.* for reinstatement of exemptions.

Please consult a local tax or real estate attorney for personalized advice.
Can you tell me what Texas property tax code section *.* * says
Texas Property Tax Code Section *.* addresses the continuation and cancellation of exemptions. It states that, in general, once an exemption application is approved it remains in effect until it changes ownership or the property's eligibility changes. Please consult a local attorney for a detailed interpretation.
Can you specify what a property's eligibility means
In Texas, property eligibility for tax exemptions typically refers to:
- The property being the owner's primary residence.
- The owner's status, such as being over *, a veteran, or disabled.
- The property's use, like agricultural or timberland.
Please consult a local tax attorney for a thorough understanding.
****is the property changed ownership but it was a mistake and eventually went back in the prior owners name shouldn't the exemption go back as well
In Texas, if property returns to the original owner due to a mistake, the exemption should be reinstated. However, this might require action from the owner. Consult a local property tax attorney for specific guidance based on your case.
Where can I find your response in the law books
You can find relevant information in the Texas Property Tax Code, Section *.*. It discusses the continuation and cancellation of exemptions. However, for detailed interpretation and case-specific advice, please consult a local tax or property attorney.