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Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 6714
Experience:  29 Years in General Practice and Estate Planning
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My brother had over 500000 in fed tax liens after last

Customer Question

My brother had over 500000 in fed tax liens after last parent died. I live in different state & I discovered this via a web search. Liens were settled a few years later. How can I discover what the fed tax liens were for
JA: Estate laws vary by state. What state are you in?
Customer: I live in NC but all this occurred in Virginia
JA: What documents or supporting evidence do you have?
Customer: Have fed tax liens and paid liens
JA: Anything else you want the lawyer to know before I connect you?
Customer: Tax liens were in 1998 & 1999 & IRS says they don't keep records that long.
Submitted: 10 months ago.
Category: Estate Law
Expert:  Attorney2 replied 10 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 10 months ago.

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?

Customer: replied 10 months ago.
Thanks. I don't know what liens were for at all. It may be property. Liens are the smoking gun, how do I discover what liens are for? Brother real upset that I ask for proof and refuses to see me or talk to me .
I have copies of the actual tax liens...but it does not say anything except 1040 and date, etc.
Chesapeake Virginia
Customer: replied 10 months ago.
Its a fed tax lien not a property lien
Expert:  Attorney2 replied 10 months ago.

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.

Expert:  Attorney2 replied 10 months ago.

You stated your brother had these liens, what relationship do the liens have with your parents estate?

Customer: replied 10 months ago.
If I knew that I would not be asking question. He makes 60-70k a year and 2nd parent (mother dies) and in 1998 & 1999 brother gets huge liens. I don't think it is a coincidence and the question is what caused the fed tax lien. Brother & father have the same name, brother is a jr.
Customer: replied 10 months ago.
Mother died in 1997. Liens were in 1998 & 1999 . Is there any way to find out what caused liens?
Expert:  Attorney2 replied 10 months ago.

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.

"5.17.2.2.1 (03-27-2012)
When and How the Tax Lien Arises

  1. 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."

https://www.irs.gov/irm/part5/irm_05-017-002.html

Customer: replied 10 months ago.
I have the irs form (88..) that gives me access to brother info. I tricked him to sign it when he was drunk. Do U know of any way to get info on brothers liens if IRS says they do not keep records more than 10 years. Thats what lien division told me.
Customer: replied 10 months ago.
Bro and I were co POA and co successor trustees to mothers trust.
Expert:  Attorney2 replied 10 months ago.

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.

Expert:  Attorney2 replied 10 months ago.

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.

Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
This chat did not produce anything I did not know already and would like a refund.
Expert:  Attorney2 replied 10 months ago.

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.

Customer: replied 10 months ago.
I'll need to get him to a judge and order him to respond. Must be a good reason he is avoiding me at all cost. If it did not have anything to do with parents estate there would be no reason to resist questions about the tax liens.
Expert:  Attorney2 replied 10 months ago.

Ignore the service request. I had to reopen the question to respond.

Expert:  Attorney2 replied 10 months ago.

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?

Expert:  Attorney2 replied 10 months ago.

You can go after him for fraud depending on when you learned of the tax liens.

Expert:  Attorney2 replied 10 months ago.

Were you going to rate the question or did you still want a refund?

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