IRS tax lien on probate assets, NY probate laws, creditor's right to decedent's assets

irs liens-probate: I was self-employed from 1987-2002. I went through some bad times personal and financial and some years didn't pay my taxes. I did with hiring a attorney in the nineties, only for my offer and compromise to de denied. Over the years they cleared out checking and had my employers at different times take my check(or parts of it). I offered to make payments but they said what I offered was not enough but being self-employed i could not guarantee the amount they wanted.In approximately 2003-2004, i. moved to las Vegas to find work (prior lived in San Diego). Because of all the liens and years of penalities, any place that did a credit check would not hire me. I talked to another attorney in Las Vegas and he said that when the liens are some many years old, I would be best to file bankruptcy and most of those liens would be listed as uncollectable and probably would not be refiled. I did what he said , paifd him the money and it didn't make any difference. I was in Las Vegas for 7-9 months and mom got ill, I moved back to NY, and took what ever job I could find-I could not get a real good job because of the tax liens. I cared for my mom tell she passed away. I have been using what little money I got from unemployment to fix the house up talked to an attorney (I'm executor), and told what needed to be done. When I called another attorney and told him the information(including my tax liens-I did tell the other attorney also) he told me even as executor and maybe depending on the sale of the house, as executor-I could get between $2500-5000 as eexcutor anything left would be split between my bother and me, but beacuse of the liens the IRS wouldkeep any money I received even if I'm unemployed. My question-the IRS liens with all the penalities(i probably owe around $20,000) their adding up to $85,000. I.m 58, other then the clothers on my back and a 14 yr old car, I own nothing--and with these liens even the iRS asay are listed uncollectable, is their anything I can do, so i don't have to live on the streetsand get a half way decent job. I ve been to and called the IRS, they tell me to call certain IRS phone numbers, I do i get transfered but nobody tells me anything. Please help. - Is this your question? Add additional information
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Answers (1)

Dennis N. Brager

Dennis N. Brager

Contributor Level 4
Depending upon when you filed the bankruptcy and a number of other factors some or all of the taxes may have been discharged in the bankruptcy. If that is the case than the IRS tax liens would not apply to any distribution from the probate estate. You need to hire a tax attorney who can review all of the IRS tax liens and files, and give you a definitive answer to your question.

Dennis Brager
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