Legal Question in Wills and Trusts in Illinois

My estranged husband died owing the IRS, he spent evry penny in his 401K and penion. He left a insurance policy to his only daughter from his previous marriage. Also he had the debt before we were married. Who has to pay his debt?


Asked on 7/15/10, 12:25 pm

1 Answer from Attorneys
Adam S. Tracy Securities Compliance Group Ltd

Thank you for your question. Technically, the estate should be probated and the estate will be liable for all the debts. However, if you were filing joint returns, the IRS could look to you to satisfy the debt. That's why it's important to administer the estate. Please email me if you have any further questions. My email is: [email protected]

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Answered on 7/19/10, 8:29 pm


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