What to do if my deceased father has state tax lien on his SSN?

My father just died. Apparently there is a state lien placed against his SSN because of unpaid taxes related to his business. My mother fears that this will affect her Social Security benefits or that she will have to pay (or lose her house, etc) the money that my father did not pay. Is she safe? What should she do?

Asked on May 21, 2012 under Estate Planning, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a state tax lien against your deceased father's social security benefits related to his business, it will have no effect upon your mother's social security benefits for the simple fact that with the passing of your father, social security benefits as to him end.

If the state lien has not been reduced to a judgment, then the state will have to make a claim as to money owed with respect to assets of your father's estate for payment. I suggest that you consult further with a Wills and trust attorney about the situation you are writing about.

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