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Legal Ease
Legal Ease, Lawyer
Category: Canada Tax
Satisfied Customers: 85245
Experience:  Lawyer
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my husband died on January 22nd 2009, i received a letture

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my husband died on January 22nd 2009, i received a letture for collection of $11,000.00 personal tax for the year 2008. There is nothing in the Estate,he had disapated moneys in the year 2008
when he was in Thailand for 8 months.
How do i address this situation with Revenue Canada?
Submitted: 1 year ago.
Category: Canada Tax
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Were there assets in his estate when he died?

Were there jointly held assets?

Did you file a Terminal Return when he died?

Did you get a tax clearance certificate.
Customer: replied 1 year ago.

There were no assets in his Estate when he died


Yes The House that we lived in


.


I did not file for Terminal Return


No i did not get a tax clearance

Expert:  Legal Ease replied 1 year ago.
The house was in his name as well.

Even though the title was held jointly, it could be used to pay his debts.

It's the same situation as if he were alive and owed taxes. The CRA could go after your house.

This is the same when he died.

His taxes had to be paid off as well as any other debts.

But this seems a bit too late.

There has to be a good reason for the CRA to be able to go back more than three years.

So what I suggest you do is not address the CRA yourself but see a chartered accountant, review the facts with the accountant and have the accountant assist you in dealing with the CRA.

Let me know if you need further clarification.
Customer: replied 1 year ago.

Hi Debra,
Sorry for not replying back, i was collecting some information regarding the Registration Title Owner of the Residentional Property .


The property was transfered in my name in november 2008.


When he came back from Thailand we went through a lot of problems and i had filed for a Divorse, he did not agree to the Divorse but he realised that he had hurt my kids and me and i had decided to move on with my life and i would take care of my two Girls he agreed to sign the papers to transfer the House under my name.


At the time of his Death, the prop[erty was in my name.


Therefore there are no Assets and no Estate.


Can you assist me in this situation?


Thanks


 

Expert:  Legal Ease replied 1 year ago.
Then you are fine.

You can let the CRA know that you were not the executor of the estate as there was no estate and that your former spouse died without any assets.

You can make it clear that you were separated and in the process of getting a divorce but do know that there were no assets left at all when he died.
Customer: replied 1 year ago.

Yes there were no assets when he died.
When i let CRA know that there was no Estate and no Assets, and were in the process of a Divorce is there anything else they will ask for?


Please let me know.


Thanks for being so patient , God bless you


 

Expert:  Legal Ease replied 1 year ago.
I don't think they will.

You can say that there is no more information or help you can provide and that really this has nothing to do with you any longer.
Legal Ease, Lawyer
Category: Canada Tax
Satisfied Customers: 85245
Experience: Lawyer
Legal Ease and other Canada Tax Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

Customer: replied 1 year ago.

Hi Debra,


 


I am sending a letter to the CRA and I was wonderng if you could let me know if it is okay. Please give me some feedback.


 


I am replying as per your letter regarding the estate of my late husband. When my former spouse had passed away, I was not the executor of the estate as there was no estate, and my late husband had died without any assets. Before my former spouse had passed away, we were separated and in the process of getting a divorce. Therefore, I am informing you that there were no assets left when he had died.

Expert:  Legal Ease replied 1 year ago.
Why not change it a bit and say:

I am replying as per your letter regarding the estate of my late former husband. When my former spouse had passed away, I was not the executor of the estate as there was no estate, as my former husband had died without any assets.

Before my former spouse had passed away, we were separated and in the process of getting a divorce. But, in any event, I am informing you that there were no assets left when he had died.
Customer: replied 1 year ago.

Thankyou for your prompt reply

Expert:  Legal Ease replied 1 year ago.

I saw your new post after I answered this so I answered this on your new post as well.

Can you please rate me for the new post?

Thanks

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