Legal Question in Tax Law in California
Can IRS Levy Extend to Decedent's Death Benefits?
A taxpayer was paying back federal income taxes under a settlement agreement. His wages may also have been levied. He has now died. His probate estate will almost certainly not satisfy his taxes. Can the IRS levy death benefits paid to his children under a policy provided by his employer?
Also, will ERISA prevent the IRS fromlevying nay death benefits paid under his employer's retirement plan?
Asked on 4/21/99, 1:12 am
1 Answer from Attorneys
WILLIAM BRANDWEIN
WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.
Re: Can IRS Levy Extend
THE ANSWER TO BOTH QUESTIONS IS THE SAME. AS LONG AS THE BENEFITS ARE PAYABLE TO NAMED BENEFICIARY OUTSIDE OF PROBATE, THEN THE EXISTING LIENS AT DATE OF DEATH WILL NOT ATTACH.
WILLIAM BRANDWEIN
WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.
215 WEST FRANKLIN STREET
Answered on 4/22/99, 12:42 pm
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