My father left his home to me in his Will. The home was his separate property. I am executor of the estate. His wife, my stepmother, lives in the home under homestead protection. As the life tenant, she is responsible for the property taxes. As executor, I distributed the home to myself via Executor's Deed. When I did, the appraisal district disallowed her homestead tax exemption. Her lawyer has demanded that we deed the house back to the estate. He apparently believes doing so will restore her homestead exemption. Although her lawyer is confused, because case law, Copeland v. Tarrant County, clarified that she is entitled to her homestead tax exemptions regardless of deed or ownership, my question is, "does anyone know if I indeed made a mistake or did anything improper when I distributed the home via Executor Deed?" My lawyer did not think so, but was not sure.

Did your executor's deed recite that it was subject to her life estate?

I hope also you used an attorney to view all of your court filings, but of course her attorney is going to say this, that is his job to try and protect her rights. So you laugh at him (* OK maybe not laught but I would) and just say no, he files a motion in probate court, and there is a hearing in the court as to what has to happen

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Originally Posted by Fr_Chuck

I hope also you used an attorney to view all of your court filings, but of course her attorney is going to say this, that is his job to try and protect her rights. So you laugh at him (* ok maybe not laught but I would) and just say no, he files a motion in probate court, and there is a hearing in the court as to what has to happen

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Huh? Will you repeat that in English please?

If you are saying that the OP can settle the matter of the homestead exemption from property tax by filing a motion in probate court, I disagree. The taxing authority is not a party to the probate case.

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Originally Posted by AK lawyer

Did your executor's deed recite that it was subject to her life estate?

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"No, the deed did not recite any restrictions. I suppose I could "reform" the deed to recite that it is subject to her life estate or homestead rights. I had not thought of doing that, but I suppose it would not hurt anything to do so."

The deed has to show the life estate,

I basically said just to tell the step mother no, and let them take it to court, the worst you have to change it. I assumeed since it was a life estate the deed would state that

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Originally Posted by Fr_Chuck

The deed has to show the life estate,

I basicly said just to tell the step mother no, and let them take it to court, the worst you have to change it. I assumeed since it was a life estate the deed would state that

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"I had an attorney do all of the probate work and he is the one that created the deed, but it did not reference the life estate. I can see how it should have though.

Thank you and AK so much for your insight. Your answers were extremely helpful."