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Who files and signs the final IRS filing?

Spokane, WA |

The divorced deceased had no will and an insolvent estate. Because we will not open probate there
is no court appointed executor or personal representative. The accountant says the final filing can only
be signed by someone court appointed. The likely course of action is to walk away from the estate situation - can we also walk away from the tax issues?

Attorney Answers 2


  1. Correct. Even if there were a Will, the executor is not personally liable for the decedent's debts. The children could sign a Renunciation as well so that they wash their hands of any issues.

    Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be legal advice. You should consult an attorney regarding your particular circumstances. Answering this question on Avvo does not constitute legal advice, constitute legal representation or constitute an attorney-client privilege.


  2. Yes. Nobody owes that tax except the deceased's estate. If you are not in charge of it, you do not have to worry about tax.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.

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