Texas Property Tax Tips
    Advice and suggestions to help property owners achieve fair & equal assessments and reduce property taxes.

The Over 65 Exemption – When is it Over?

It’s not uncommon for children of parents benefiting from the Over 65 exemption to live in the home. They may be taking care of their elderly parents, have just moved back to where their parents live or simply live at home for the convenience. But what happens to the Over 65 exemption when the parent passes away?

Unfortunately, when the owner of the house receiving the Over 65 exemption dies, the exemption is no longer applicable to the surviving children who either still live in or inherit the home. The exemption is only applicable for the over 65 homeowner of record (or the surviving spouse who is 55 or older). To avoid penalties and interest, the appraisal district should be notified timely of the death of an owner of record.

For various reasons, the county appraisal district may not reflect the change during the next tax assessment, but that doesn’t mean the new, younger homeowners/children get to keep benefiting from the exemption. When the county realizes their error, either through a name change, revised mailing address, public notice, or when the home is sold, the owner of record from the time the parent passes away until the time the exemption is revoked is responsible for the difference in back taxes plus penalties and interest.

For example*, if the home is worth $100,000 but the Over 65 exemption is capped at $60,000 and the tax rate is three percent, the homeowner is only paying $1,800 per year in taxes ($60,000 x three percent). When the parent passes away, the home should then be taxed at the full $100,000 value. If a child continues to take advantage of the Over 65 exemption for three years after the parent passes away, that heir then becomes responsible for the taxes on $120,000 of assessed value ($40,000/year x three years). That equals $3,600 in back taxes ($120,000 x three percent), plus penalties and interest. The money “saved” by taking advantage of an improper exemption could end up costing thousands more than if the appraisal district were properly notified.

* The actual cap value of the Over 65 exemption will vary by taxing jurisdiction.

If you or your parents are over 65, contact O'Connor & Associates to learn more about the Over 65 exemption and how we can help you take advantage of this tax savings.

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Property Tax Tips

  • Protest every year, and use all steps in appeal process when necessary


  • Protest both market value and unequal appraisal


  • Obtain data to prepare for hearing


  • Be aggressive; demand results

About O'Connor & Associates

As Texas' largest property tax consulting firm, O'Connor & Associates has the expertise and the manpower to help you lower your property taxes. In 2007 O'Connor & Associates reduced our Harris County clients' assessed value in 75% of residential protests and 80% of commercial protests. Hire O'Connor & Associates to appeal your property taxes. You pay NOTHING unless we save you money! Visit us today at www.cutmytaxes.com.