Estate Law Questions? Ask an Estate Lawyer.
Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.
If the Tax liens were recorded on the property in Virginia you would be able to physically see the liens.
Where in Virginia is the property located?
IRS liens are for unpaid income tax as opposed to real estate tax liens which are recorded for the failure to pay property taxes. In order for a lien to be filed it is generally filed against real property.
You stated your brother had these liens, what relationship do the liens have with your parents estate?
If the liens had not impact on your father's estate the IRS would not provide you with any information as this is between the IRS and taxpayer. If the liens had an impact on your father's estate and you are beneficiary/heir that is another matter.
"18.104.22.168.1 (03-27-2012)When and How the Tax Lien Arises
The federal tax lien arises when any "person" liable to pay any federal tax fails to pay the tax after a demand by the Government for payment. IRC § 6321. For federal tax law purposes, a "person" is defined to include individuals, trusts, estates, partnerships, associations, companies, and corporations. IRC § 7701(a)(1). The lien is effective from the date the Government assesses the tax. Thus, if the taxpayer neglects or refuses to pay the assessed tax, then the lien is deemed to relate back to the assessment date. IRC § 6322. The Service is not required to file a NFTL in order for the tax lien to attach. As discussed later in the text, the Service may file a NFTL in order to have priority over the taxpayer’s other creditors."
You were given correct information. 10 years. Did this impact your father's estate? If so a title search would disclose more information on the liens.
You were given correct information. 10 years. Did this impact your father's estate? If You brother needs t stay sober around you. If they attached to title we may able to find out a little more based on a title search.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. You do not need to provide a negative to obtain a refund. Thank you for your consideration.
I am happy to continue in this format at no extra charge to you. You were provided with correct information on the 10 years so even with his permission the IRS would not have that information available. If there was an impact in title we could get a better look. I cannot provide information that there is no way to obtain. I did request a refund for you. If this had an impact on your father's estate and your brother still has these records he could be forced to produce them through a subpoena.
Ignore the service request. I had to reopen the question to respond.
It is suspect that your brother is not being forthcoming if this would not impact you or the estate. As I stated he could be subpoenaed to provide all records. You would need to file a law suit against him. Do you think there may have been fraud with the use of his POA? When did you discover the liens?
You can go after him for fraud depending on when you learned of the tax liens.
Were you going to rate the question or did you still want a refund?