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perplexed | My mother died owing the IRS. The estate does not have enough $ to pay debt. Do heirs inherit the debt? |
My grandfather died in 1997. My mother received her share of the estate in 2005. She then died in 2006. She had given away 80% of the cash she inherited before paying any estate taxes. The remaining estate consists of the following: three cars, an apartment held in joint tenancy, and a house that she owned jointly with 10 siblings.
The tax was $100,000 but the estate is worth much less than that.
Will we, her children inherit the IRS tax liability if the estate cannot pay?
By the way, there wasn't a will.
Thanks. |
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boonestudent18
 |
Yes. Talk to a probate lawyer right now! |
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♫jmann♫
 |
if the tax is not payed, then the IRS will seize property, cars whatever is needed to cover the cost |
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chad_mercure2001
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i think so cause the IRS ARE ASSHOLES. they make anyone pay the pentalties but that don't stop anyone from maken money under the table so the IRS don't know. |
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Eye of Sauron
 |
You need to have a lawyer look into but no debts are not inheritable. People only owe for their own debts. If the debts are higher than the estate, you will simply not get anything. |
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Worry?
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You need to contact a lawyer. Those that received 80% of the cash may be in for a big surprize from the IRS. |
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skygreen
|
Talk to a lawyer. The estate is liable for the taxes if there
is not enough in the estate to cover it after all her stuff is sold, you might not be liable and they would write it off. However if you received money from your mother while she was alive from that money she gave away which should have been used to pay taxes then you and other who received that money from her might have to give that money "back" to the tax collector. |
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txhypnotist
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Yes. |
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Trey45
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Sorry but the above answer is not correct, you are liable for her debts, just like if you died owing credit card bills, your heirs would be liable for them. |
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AnswerMan
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Get legal help! There are taxes that needed to be paid. Not all but some. |
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tlov71
 |
My understanding of tax laws is children cannot be held liable for the debt of the parent. However, the government will come and take all of your mothers estate to pay off the debt. This includes the house that her siblings own as well. The siblings may end up with no house. I would suggest to the aunts and uncles to check with a lawyer to find out their rights on keeping the property. |
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jen
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No the only way you are responsible for someones return is if you file a joint return. Please do not pay. I have a friend that paid her dead husbands tax debit and they did not file together. YOU DO NOT HAVE TO PAY. It has been over a year and she is still talking with the IRS to see if they will give her money back. Once you pay it is hard to get back. They can take her stuff. But NOT YOURS OR HER FAMILY. That is her debit not yours!!!!! |
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