QUESTION
Can a property of a deceased person be transferred before the IRS gets it?
Asked on Oct 17th, 2011 on Taxation - Illinois
More details to this question:
My mother passed away recently and she owed the IRS, can I transfer the title of her car into my name before it becomes a part of her estate?
3 ANSWERS
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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Not without liability to the IRS.
Answered on Jul 03rd, 2013 at 3:16 AM
Donald B. Lawrence
No, it is part of her estate if it is titled in her name alone at the time of her death. However, title can be transferred at the office of the Secretary of State if the value of the vehicle is less than $65,000.00 and you are a relative if you can show evidence that the car is to go to you or that you are the sole heir of your mother so from an estate administration standpoint it does not have to be administered through the probate court. However, you should realize that if there is a lien filed as to the tax liability, that liability will still be enforceable against the car if the IRS want to pursue it.
Answered on Oct 26th, 2011 at 6:53 PM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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Property of the decedent cannot be disposed of without going through the proper legal proceedings - usually probate - which requires creditors to be notified so that they could file a claim against the estate.
Answered on Oct 26th, 2011 at 6:36 PM