Page 12 - Stuart Exposure - January '20
P. 12

Page 12, Stuart Exposure

                                                   esTATe plAnnIng



      Florida Homestead Tax                                Buyer’s taxes can skyrocket the year after closing.   put children on title to their house so it passes automatically

                                                           Buyer’s mortgage company generally escrows for real
      Savings Are Wonderful, Rules                        estate taxes, collecting one-twelfth of the annual taxes as   to the children upon death. Seems innocent enough but this
                                                                                                           small change if not done correctly can cause loss or reduction
      Can Be Tricky                                     of closing to the buyer’s monthly mortgage payments. This   of homestead exemption and Save Our Homes credit.
                                                        escrow is so the mortgage company has the funds to pay next      Putting your homestead into a trust can be a good estate
      By Carrie Lavargna                                year’s real estate taxes. If the buyer’s taxes for the year after   planning technique; however, the property owner may have
         Florida homestead                              closing are more than the previous year’s taxes, the mortgage   to reapply for the homestead exemption so that the property
      exemption laws save                               company’s escrowed funds may be insufficient to pay the   appraiser can review the trust to make sure the special
      homeowners a lot of                               buyer’s higher taxes.                              language preserving the homestead exemption is included
      money in property taxes.                             The mortgage company will pay the taxes but then   in the trust.
      Homeowners must apply                             the buyer’s tax escrow will be increased to reimburse the      Remember the recording of any deed can affect your
      for homestead and other                           mortgage company for the shortfall in taxes from the previous   homestead exemption.
      exemptions by Feb. 28 of the                      year plus an amount to cover the following year’s taxes.      This column is an overview of the subject matter and is
      year following purchase. In                          This can cause a really big financial burden on the buyer   not intended as legal advice. Carrie Lavargna is an attorney
      the first year of homestead                       in year two and three after closing. That is why it is important   practicing law in Stuart at Lavargna Law, PLLC and is
      exemption, the homeowner                          to understand the real estate taxes before you buy.   board certified in real estate law by The Florida Bar and
      saves an average of $400 to                          Once a homeowner has homestead exemption, any   is designated an accredited estate planner (AEP) by the
      $600 in property taxes.                           change in title can affect homestead status. Seniors like to   National Association of Estate Planners and Councils.
         It gets better because the “Save Our Homes” law provides
      that the assessed value of the homestead cannot increase
      annually by more than 3 percent or the Consumer Price Index
      (CPI). Each year the Save Our Homes credit accumulates and
      over time and as property values increase homeowners save
      thousands in real estate taxes.
         When a Florida homeowner moves to another home in
      the state they can take their Save Our Homes accumulated   Two people.
      credit with them to the new house. It’s not automatic and the
      homeowner must apply for homestead and portability of the
      where the new house is located. The homeowner has only two  One great
      Save Our Homes credit with the property appraiser in the county
      years to claim portability of their Save Our Homes credit.
         Buyers need to be savvy about real estate taxes and not   deal.
      assume property taxes will be the same for the year after
      closing. If the present homeowner has homestead exemption
      his or her taxes are assessed based upon the fair market
      value reduced by the Save Our Homes credit, the homestead
      exemption and any other exemptions claimed, such as VA
      disability or low income senior.
         Recording any deed requires the property appraiser to
      re-examine the property taxes.
         Once the deed to the buyer is recorded, the property
      appraiser will be reassessed the property as of the
      following Jan. 1 at current fair market value, and seller’s
      Save Our Homes credit, homestead exemption and other
      credits are removed.











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