Fulton County

Lawsuit: Heirs wrongly charged property taxes years after loved ones died in Fulton County

FULTON COUNTY, Ga. — Attorneys say several seniors and low-income homeowners could be in jeopardy of losing their homes.

Two class-action lawsuits were filed this month claiming Fulton County illegally charged heirs property taxes they were previously exempt from.

Channel 2 Investigative Reporter Ashli Lincoln has been speaking with homeowners impacted since February.

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They say they learned about this years after their loved ones have passed away.

It impacts hundreds of homeowners across the county - under state law, heirs are eligible for property tax breaks even while finalizing their parents’ estates.

But they must apply within a year after a loved one has passed away. In these cases, heirs are learning about these bills years later.

“When people are trying to leave a legacy, don’t pull it out from up under them,” Malyndia Brown said.

Brown said that’s how she felt earlier this year after learning she owed more than $10,000 in back taxes because she didn’t renew the homestead exemption.

“It was more than just my case going up, my attorney had several cases,” she said.

In 2010, Brown moved into the home her parents bought decades earlier to be their caretaker. They passed in 2018.

She’s one of several Fulton County homeowners who accuse the county of illegally reversing property tax breaks and even threatening foreclosure.

In Fulton County, homeowners who live in the homes they own receive a significant tax break. In Brown’s case, that’s the difference between an $800 bill and one that’s more than $3,000.

“I have represented people for years that have run into this problem,” said attorney Stacy Reynolds, with Atlanta Legal Aid.

“A lot of times they had absolutely no idea that they even had a homestead exemption until they get a notice saying it’s being removed,” Reynolds added.

The lawsuits allege the county waited years before removing the exemptions, billing people years after their family members had died.

One woman was billed nearly $20,000.

“I just really feel like heirs’ property is such an important issue right now,” Reynolds said. “And there are so many people out there struggling to keep their homes that have been in their families.”

Brown was able to hire an attorney and won her case, allowing her exemption to be reinstated.

“I’m very happy, because during this process in the beginning, I felt like it was just me,” she said.

Reynolds says the county has changed its policy on retroactively going after these exemptions, but the class-action suit is needed because of the several homeowners already impacted.

When reached for comment, county officials said they can’t talk about pending litigation.

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