My father in law passed away and we found out that IRS taxes have not been paid in 20 years. Is the estate responsible for those payments or his widow who is NOT my mother in law?
2 Answers from Attorneys
If he has a tax liability with the IRS, his estate is responsible. The responsibility of
his widow depends on whether she was a joint tax filer, or innocent spouse. She may
be able to avoid any liability if she was not involved in the filing, preparation, or had
knowledge of the liability. The liability, if any, should be established with the IRS, and
the reason for no action in 20 years should be determined.
I handled a similar matter to this a few years ago. Not only is the estate liable, but the personal representative making distributions without resolving the potential tax liabilities would also be liable. Any beneficiary receiving a distribution could also be liable up to the amount he/she receives. An investigation needs to be made to determine the amount of tax and the reasons for non-payment. You didn't specify whether he had filed his returns.. I recommend that you use an attorney and possibly a "Kovel" accountant to do this so as to maintain some confidentiality and privilege while trying to make these determinations. \
As to the widow, her liability will depend upon several factors including whether she earned a any income, whether any filed returns were joint, whether she filed on her own, whether she is an "innocent spouse" or eligible for separation of liability.