Is a child responsible for taxes owed of a deceased parent?

Asked over 3 years ago - Folsom, CA

A friend's father died last year and before he died he sold stock and took money out of his 401K He never paid the taxes and now the state of california is trying to collect from my friend. Can the son be held responsible for the taxes of his father?

Attorney answers (3)

  1. Robert Jan Suhajda

    Contributor Level 17

    Answered . Yes. When father died he should have filed a final tax return and the father's estate should have paid the taxes. If the son took the proceeds of the father's estate he would also have to pay the father's taxes.

    Disclaimer
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Good Luck starts with a strategy and a plan.

    Robert J. Suhajda, MS,CPA
    Attorney-At-Law
    17721 Norwalk Blvd. #43
    Artesia, CA 90701
    562-924-8922

    Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns,
    Homeowner Association Strategist.

    As a strategist, I analyze and integrate the operations, reserve study, budget, and financial statements into a unitary plan for 1 – 5 years, utilizing my experience as
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    controller and auditor, to minimize homeowner association dues.

  2. Christopher B. Johnson

    Contributor Level 12

    Answered . He can, up to the amount he received from his father's estate.

  3. Jonathan Scott Connor

    Contributor Level 12

    Answered . The primary responsibility falls on his father's estate. If there are funds there to pay the tax then his estate must pay it. If the funds have been distributed then the distributees will be responsible for paying the tax bill.

    DISCLAIMERS. Mr. Connor is licensed to practice law in the State of Texas. He may be reached by email at jconnor@connorlawfirm.com, or through his website at www.jonconnorlaw.com. The responses provided in this comment are not legal advice, do not create an attorney-client relationship and may vary depending on the jurisdiction of the matter. This site should not be used as a substitute for legal advice. These responses are for educational purposes only and should not be relied upon as anything other than general information. Seeking the advice of an attorney is strongly encouraged. Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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