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Started By
Message
Back Tax for passed relative
Posted on 9/10/13 at 7:38 am
Posted on 9/10/13 at 7:38 am
We lost my brother in law (32 yrs old) earlier this year. My in laws recieved a letter from the good ole IRS in his name the other day and opened it and it is saying he owes back taxes that were omitted from his 2011 return. Tried to research the liability aspect for the in laws in regards to paying it or fighting it and not really sure where this lies. His return for that year was self prepared and unsure if he kept the documentation for the return. Any insight into this from any of you guys?
5
Posted on 9/10/13 at 7:47 am to tigerman83
If it's a significant amount I'd set up a meeting with a CPA
Posted on 9/10/13 at 8:40 am to tigerman83
Did he have any assets when he died, if so then get with a CPA and figure it out, if he had no assets and they are trying to shake down mom n pops for his debt, F em
Posted on 9/10/13 at 8:49 am to tigerman83
I'm sure they probably can make the parents pay, but what a load of shite this is. The guy was more than likely financially independent; why on earth should anyone (except perhaps his spouse) have to pay a dead man's taxes?
Posted on 9/10/13 at 9:35 am to tigerman83
Don't forget that someone will have to file a return for him for 2013.
Posted on 9/10/13 at 9:47 am to LNCHBOX
quote:
I'm sure they probably can make the parents pay
No, no one is responsible for your debt other than you
also, if he had any assets when he died, the succession is responsible for paying all of his debt before distributing assets, so if that is the case, then let a CPA look at the return in question and see if what the IRS is asking for is right or if it is contestable
Posted on 9/10/13 at 10:00 am to LNCHBOX
quote:
I'm sure they probably can make the parents pay
No, the parents are not responsible.
Did he have assets, a will, was succession opened? If no, then the parents could send a courtesy death certificate to the IRS to stop the letters, but other than that, they cant collect.
This post was edited on 9/10/13 at 10:01 am
Posted on 9/10/13 at 10:12 am to SippyCup
The only assets that were left was his car and a life insurance policy he had through his work and the union he was a part of. My gut was that the tax would be taken from the assets, but all of these were handled through the parents as he had no will or estate established. The return is an entire other question because it is unclear as to if what they are saying is owed was reported on the return or not. We are trying to find the return documents in his belongings.
Posted on 9/10/13 at 10:26 am to tigerman83
I'm pretty sure his estate can have a lien placed on it.
Paging Poodlebrain......
Sorry to hear about your brother's passing. He was much too young.
ETA: I replied before I read through the entire thread.
Paging Poodlebrain......
Sorry to hear about your brother's passing. He was much too young.
ETA: I replied before I read through the entire thread.
This post was edited on 9/10/13 at 10:27 am
Posted on 9/10/13 at 12:16 pm to tigerman83
quote:
The only assets that were left was his car and a life insurance policy he had through his work and the union he was a part of. My gut was that the tax would be taken from the assets, but all of these were handled through the parents as he had no will or estate established.
time to get a lawyer and open a succession, as far as I know, the life insurance proceeds fall outside of the succession so they can not touch those (if he named a beneficiary)but other assets (his car, any cash in checking / savings accounts, real estate, etc in his name at time of death)will need to be liquidated and debts paid from that
quote:
The return is an entire other question because it is unclear as to if what they are saying is owed was reported on the return or not. We are trying to find the return documents in his belongings.
Need a CPA to look at and see what is what and if there is a liability the needs to be paid from the succession
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