Posts Tagged ‘kw atlanta’

New Georgia Law Changes Property Tax Assessment Procedure: KW Atlanta Real Estate Legal Tip

Friday, August 6th, 2010

 




Keller Williams Realty Atlanta – Peachtree Road

Real Estate Legal Tip

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 New Georgia Law changes Property Tax Assessment Procedure

 
 
Georgia recently passed “The Property Tax Assessment and Appeals Reform Bill” (Senate Bill 346) on June 7, 2010.
 
Highlights include:
1.     Every property owner will receive an Annual Notice of Assessment and the right to appeal;
2.     Every Notice of Assessment must contain the estimated property tax (in dollars);
3.     Appeal period has been extended to 45 days;
4.     Alternative streamlined appeal option for properties valued over $1,000,000;
5.     Automatic taxpayer victory on appeals when government fails to respond within 45 days;
6.     Requirement that all relevant sales, including distress sales, be included when determining Fair Market Value (FMV);
7.     Requirement that only “current use of property” be used in determining FMV;
8.     Taxpayer must be given access to all data used in determining FMV;
9.     Sales price establishes FMV for next tax year.
 
Remember that a reduction in the assessment does not always reduce the actual bill.  Other factors such as the millage rate, homestead exemption, and other exemptions will also affect the final tax bill amount.
 
Presented by Leigh Clack, Attorney
Neel & Robinson Attorneys at Law, LLC
22 Lenox Pointe, Atlanta, GA 30324
lenox@neelandrobinson.com  404-705-3690  fax 404-705-3697  

 



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Atlanta Real Estate Legal Tip from Neel & Robinson – KW Atlanta Peachtree Road Office

Monday, August 2nd, 2010

 




 

Keller Williams Realty Atlanta – Peachtree Road

Real Estate Legal Tip

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Keller Williams Realty Atlanta Legal Tip:

Ownership as Joint Tenants with Rights of Survivorship

The two most common forms of individual ownership in Georgia are tenancy in common and joint tenancy with rights of survivorship.
 
Tenancy in common (TIC) means that the owners each own an undivided percentage of the entire property, and the owners can pass their interest along in their wills to anyone, not just the other owners.
 
Joint tenancy with rights of survivorship (JTROS) can be a powerful estate-planning tool, because if one owner dies, the remaining owner(s) automatically inherit the deceased owner’s share of the property.  In fact, a will can not change this.
 
How do owners decide which way to hold title?
 
1.      Married owners usually choose joint tenancy, but not always.  There may be issues with blended families, unequal contributions to the down payment or monthly obligations, or other tax planning/estate distribution considerations.
2.      Unmarried owners may choose either one, again based on their financial contributions and commitment to each other (engaged, just roommates, just housemates or co-owners).
3.      Parents co-signing or co-owning with adult children may choose either one, depending on whether there are other children or other assets to distribute or bequeath in a will.
 
Purchasers should always tell the closing attorney how they want to take title.  Most attorneys in Georgia will assume that married couples want joint tenancy, but in an REO transaction the Warranty Deed is often prepared in another state, and the JTROS language is never included.
 
Presented by Leigh Clack, Attorney
Neel & Robinson Attorneys at Law, LLC
22 Lenox Pointe, Atlanta, GA 30324
lenox@neelandrobinson.com  404-705-3690   fax 404-705-3697  



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