Legal Question in Wills and Trusts in Massachusetts
Do I owe the IRS money for my father's estate? The estate has a total value of about $10,000, but the IRS has begun calling me (the administrator) and saying that he owed $16,000 to them. I wondering if I'll be forced to pay off my father's debt. My dad passed away in 2009 without a will, and the estate closed recently without a claim on it from the IRS. Can the IRS go around the requirement for a claim and just take the money? My sister and I are the only heirs to his estate. Thank you!
1 Answer from Attorneys
The most you would be required to pay is the $10,000 less the cost of administration, that includes paying for funeral expenses and probating the estate.
I would start by finding out what the $16,000 is for and get a copy of your father's tax returns. Then go see an attorney or CPA and see if you can file amended returns as Executor that may reduce or eliminate the amount due. You can also offer to settle with the IRS.
You do not as executor have personal liability beyond any claims against the estate.
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