Legal Question in Wills and Trusts in Georgia

Federal income tax liability of deceased mother.

I am the executor of my Mom's will. She passed away May 2008 and had not filed her federal income tax since 2006. I am quite certain she will owe the IRS money. What assets can the IRS come after? There was life insurance, an IRA, and a home ($275K value) which was deeded in my name and my mom's as ''joint tenents with rights of survivorship.'' This home has recently been sold.


Asked on 5/05/09, 3:38 pm

1 Answer from Attorneys
Charles Scholle Scholle Law Car and Truck Accident Attorneys

Re: Federal income tax liability of deceased mother.

There is a good chance they will not be entitled to any of the non-probate assets. IRS liens are only 5th priority liens in the probate estate. I am not aware of the IRS making a successful claim against non-probate assets in Georgia, but I would have to do more research on this.

Please call me if you would like to discuss. Thanks.

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Answered on 5/05/09, 3:52 pm


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