Legal Question in Wills and Trusts in New York

My Dad recently passed and owes the IRS a little over $5000, he had no will and no assets worth any value. He did have a beat up car that is sitting in my driveway, I would like to donate this car or get rid of it, as it's a painful reminder. However, will the IRS come knocking asking for money for this car one day. How do I get rid of this car without a penalty. Also, the title is in his name. I don't want anything for this car. What do I have to do?


Asked on 9/27/10, 4:58 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

If you are the personal representative of the estate, you must act in a reasonable manner to sell the property, if there is value in the items. Thereafter, the money is used to pay debts in the order set out by statute. If you do this, the IRS should not bother you. Indeed, neither the representative nor the beneficiaries are responsible for the debts of the decedent.

Read more
Answered on 10/10/10, 5:34 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York