Legal Question in Wills and Trusts in Texas

Responsible for IRS debts of Deceased

My mother died and left no will. Her and her husband (my stepfather) had a debt with the IRS of $52,000. I want to know if I (the only daughter) am liable for any of the debts which also include hospital debts. He and his lawyer are trying to get me to sign over my part of her things (house, not paid for ) and (small personal items) saying that they are just trying to get the debt out of my name. I was told that you were not held responsible for debts of the deceased if the spouse was still alive and able to pay them.


Asked on 6/25/04, 10:36 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Responsible for IRS debts of Deceased

You were told the truth. You are not responsible for your mother's debts. Bear in mind, though, that her estate is responsible.

Since your mother died without a will, and (I assume) you were not adopted by your step-father, you would be entitled to a portion of your mother's estate AFTER HER DEBTS ARE PAID.

Remember, her debts are community debts, so she was responsible for half of the IRS debt and half of her medical and final expenses. If the value of the property you would inherit is less than half of her portion of the outstanding debt, you get nothing.

Whether they are treating you fairly or not will only be determined by running the numbers.

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Answered on 6/26/04, 11:24 am


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