If the executor of the estate is subject to tax lien can the estate be levied?

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If the executor of the estate is subject to tax lien can the estate be levied?

I am the co- executor but not named as a beneficiary of an estate. I have
just been informed by the State of California that a lien has been place on my
property and bank accounts. Since I have signing power to distribute estate
assets and pay bills, can the state place a lien and/or levy the estate bank
account or any assets of the estate?

Asked on December 23, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No: an estate is not liable for the debts or obligations of an executor or co-executor, any more than a corporation of which you are a manager is liable for your personal debts or obligations. The estate is a separate legal entity from you (the same way the corporation employing you would be a separate legal entity) and bears no responsibility for what you owe. So the estate may not be levied for your debt or obligation.


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