Legal Question in Wills and Trusts in Ohio

Legal issues after death of a spouse

I'm not sure what, if anything I need to do since my husband recently passed away. Everything is in my name alone except for our mortgage and one of our car payments. He has a small 401k acocunt (less than $1000) and I am listed as the beneficiary. He also has an IRS debt and I do not know if I am responsible.

Asked on 8/07/07, 3:02 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.
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Re: Legal issues after death of a spouse

You should get all your assets titled in your name. Talk to the holder of the 401K to see if it can be rolled over. Regarding the IRS lien, it depends whether you were married at the time the taxes were owed. Check with the IRS also. You will need certified copies of death certificate to make some of the changes.

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Answered on 8/07/07, 3:56 pm
Philip Schmidt Brady, Coyle & Schmidt, Ltd.
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Re: Legal issues after death of a spouse

In addition to the previous attorney response, I can help you with the mechanics since I am located nearby. A good CPA can help you with the IRS lien. You may be an "innocent spouse" and not responsible for payment or the CPA may be able to negotiate a favorable pay-off.

You should also consider updating your own estate planning.

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Answered on 8/07/07, 4:01 pm

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