Legal Question in Tax Law in Illinois

can IRS seize property that was inherited

My husband owes the IRS over $40,000 in taxes, he has ignored this problem for five yrs. and now only works jobs that do 1099. He then doesnt file that year and moves on to another company who does 1099 and repeats this again. He is about to inherit some property from his mother, possibly cash too. Is there any way the IRS would find this out and confiscate it before he gets it ? Im hoping that they can, because he needs to face this problem before he ends up in prison. I just filed divorce from him, this is one of the reasons why. Thank you


Asked on 9/28/07, 1:26 am

1 Answer from Attorneys

Re: can IRS seize property that was inherited

There are a lot of issues here. The first one is: did you file returns for the years that your husband did not? If not, you need to see a lawyer or accountant who can advise you on how to approach this matter. You don't want to be linked with his back-taxes when the IRS discovers them.

Next, the IRS will seize an inheritance IF they are aware of it. If they are not (which is usually the case), then the money will be distributed. If he has tax liens, the executor of his mother's estate could be held responsible for distributing the money if he is aware of the tax lien.

Please let me know if I can assist you in this matter. If not, I would strongly advise you to makes plans to speak to another tax professional to discuss your options.

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Answered on 9/28/07, 9:38 am


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