Legal Question in Credit and Debt Law in Michigan
IRS debt of a decedent
Can the IRS collect past due federal tax from beneficiaries? Are insurance policies and lump sum pension death benefits paid to a beneficiary subject to collection of the debt by the IRS? Decedent had no other assets. Thank you.
Asked on 1/27/07, 9:46 pm
1 Answer from Attorneys
Rochelle Guznack
Law Offices of Rochelle E. Guznack, PLLC
Re: IRS debt of a decedent
Those assets that pass directly to a beneficiary through a life insurance policy or lump-sum death benefit are usually not part of a decedent's probate estate and thus, are not subject to collection for debts owed by the decedent. Generally, only probate assets can be attached by a creditor.
Answered on 1/28/07, 9:06 am