Can an entire IRS debt be paid by the estate of a deceased or must it be split between the estate and the surviving spouse?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an entire IRS debt be paid by the estate of a deceased or must it be split between the estate and the surviving spouse?

My husband recently died leaving behind a large debt on a prior year tax return. The return was filed as married filing jointly.

Asked on April 1, 2012 under Bankruptcy Law, Virginia

Answers:

Daniel Bowen / Daniel D. Bowen, Attorney at Law

Answered 9 years ago | Contributor

Because you filed a joint return you also owe the debt.  Consult a tax attorney as to whether the innocent spouse rule applies.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption