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IRS tax lien, can IRS collect my social security income

Situation: A husband who was the wage earner died at 53. There was a large tax debt due to a business bankrupcy. The wife settled with the IRS at a reduced amount - she used her husband's small life insurance policy. However, the IRS kept the tax lien against the deceased husband. When the wife reaches retirement age, she will not have enough quarters to collect Social Security, so she will need to collect her husband's social security.

Question: Will the tax liability against the deceased husband affect the wife's ability to collect his social security?

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Attorney answers (1)

Reputation Level 10
I am not experienced with Social Security but it's my understanding the a surviving spouse who get social security benefits due the the deceased spouse qualifies for social security and it's not treated as the deceased's asset whatsoever. Thus, if the surviving spouse is fully settled with the IRS, then the deceased's IRS debt cannot be recovered from that Social Security income.
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