QUESTION
Is a widow responsible for Husbands IRS debt?
Asked on May 11th, 2012 on Taxation - Michigan
More details to this question:
My husband died recently & he owed the IRS several thousand dollars. Most of this debt was owed prior to our marriage, however I had a voluntary garnishment on my pay until I became unable to work in March 2012. Am I responsible for his portion of this debit?
4 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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A widow, generally speaking, is not responsible for her husband's IRS debt, however, if she is the personal representative of his estate (executor) she maybe personally liable for the estate taxes and any other federal taxes he owed at the time of his death. Another question I would ask is if the couple filed joint returns. If they did then, of course, she would have some liability.
Answered on May 16th, 2012 at 11:59 AM
Probably Yes. The community property and his separate property is responsible for his debts before marriage and during marriage. You need to see counsel.
Answered on May 16th, 2012 at 11:52 AM
Peter James DeRose
Yes or no. If you filed joint returns yes. If you filed individual returns no. It may, however, cause you problems with "joint" assets. If you have isses like joint property get the most experienced tax lawyer you can afford.
Answered on May 16th, 2012 at 11:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That will depend on the agreement which you have made with the IRS. They would have to be reviewed. Generally if it was HIS tax, and you did not file jointly it would have been his liability. Therefore they would have to look to his estate to collect.
Answered on May 16th, 2012 at 11:47 AM