My ex husband passed leaving his property to me. He has a tax lien for 25,000, From many years ago. Upon learning of his

passing, the IRS is demanding his last 6 years returns be filed. They determined the amount at 11,000 per year. He has a home that is in need of repair, it is free and clear. I am attempting to get money for our children rather then myself. Can the IRS force these returns? He has not filed taxes for about 15 years.

Spokane, WA -

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Attorney Answers (3)

Scott Benjamin Riddle

Scott Benjamin Riddle

Bankruptcy Attorney - Atlanta, GA

I am sorry for your loss. You have a serious, immediate problem that requires a tax and/or probate lawyer. The lien won't go away, and penalties and may increase dramatically over time. The longer you wait the more problems you will have. The IRS does is not concerned with money for you or your children. I'll defer to Washington lawyers on the probate matters, but the IRS and other creditors of an estate will usually come before children and other heirs (with some exceptions for a spouse). Again, the problem won't go away and will get worse. You need a lawyer badly.

Ronald J Cappuccio

Ronald J Cappuccio

Tax Lawyer - Cherry Hill, NJ

You must file the tax returns! I explain repeatedly every adult should file a tax return every year, even if there is no income, just to start the statute of limitations on IRS audits and collections. Unfortunately, the returns must be filed. The IRS will collect taxes, interest and penalties, then the rest can go to you as beneficiary. The IRS only cares about taxes, not your children.

Please see a tax and estate attorney right away!

Good luck,

Ron Cappuccio

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Christopher Michael Larson

Christopher Michael Larson

Tax Lawyer - Seattle, WA

Hire a tax attorney to help you with the controversy portion of this. This is a situation that will need to be fixed or the house will likely go bye-bye.

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There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

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