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Your niece should consult with a local attorney.
See https://www.avvo.com/probate-lawyer.html
Regardless, the short answer is "Yes, she can be held responsible on a theory of transferee liability if she is in possession of any of her deceased father's assets".
Your niece should consult with a local attorney.
See https://www.avvo.com/probate-lawyer.html
Regardless, the short answer is "Yes, she can be held responsible on a theory of transferee liability if she is in possession of any of her deceased father's assets".
@myoder27 wrote:
She is getting life insurance but he didn't have any assets. Is there a way to find out how much he owed, if any?
A life insurance benefit (usually) passes outside the estate and can't be attached for back taxes.
However, anything else in her father's estate could be attached for taxes (house, furniture, jewelry, computer, car, etc.). Whoever is the responsible person for the father's estate needs to pay his final bills and prepare and file a final tax return. You will need to check with the laws of his state, but it is likely that the responsible person will be required to sell any assets to pay the taxes before any remaining assets can be distributed to the heirs. Anything the heirs get before the taxes are paid might be subject to attachment.
Generally, when a person dies, someone goes to probate court to be appointed their executor or personal representative. For a small estate, it might be a simple form with no actual court hearing required. Once the court appoints a personal representative, that person will have the power to investigate finances, bank accounts, request prior year tax documents from the IRS, get copies of wage and income statements, and file the person's final tax return. In most cases, a retiree with only social security won't owe tax (unless there is an unpaid past tax bill). But if the person had a job, or investments, savings, lottery prizes, etc., that represents taxable income that will require a final tax return to be filed.
If you don't want to hire an attorney you should at least start by searching the internet for information on probate procedures in your state. Your county court clerk's office might be able to help. If you are willing to do most of the work and just need an attorney to give you a checklist of things to do and to look over your efforts, it might not cost too much.
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