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Ellen, Tax Attorney
Category: Tax
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Experience:  25 years of experience helping people like you.
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My son recently died leaaving a large IRS tax debt. He is devorced

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My son recently died leaaving a large IRS tax debt. He is devorced with three young children in custody of their mother. What is the tax liability and who is responsible for it?
Submitted: 6 years ago.
Category: Tax
Expert:  Ellen replied 6 years ago.

My sincere condolences.

No one would be personally liable for your son's IRS debt unless the debt relates to a joint return filed with his former wife. However, if there are assets in the estate to be probated, the IRS may collect against those assets. A probate is necessary if there are assets that do not pass by operation of law. Typically transfer on death properties do not go through probate and would not be subject to the debt

Again, my sympathies.

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