Legal Question in Wills and Trusts in Florida

probate

If taxes are owed by someone who died without a will, can the IRS seize any of the property? Such as his home/ vehicles/ joint bank accounts? This man has one grown son and a minor daughter surviving him.


Asked on 1/21/08, 7:38 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: probate

The answer is "yes" the IRS can in general assert a lien or claim against an estate just as it can against a person while alive, but in any specific estate the amount will be determined by to what extent the IRS has perfected its lien, and if there are enough assets in the estate to also provide for the family and other exemptions. It will be a very fact-specific determination.

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Answered on 1/22/08, 8:12 am


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