Who files and signs the final IRS filing?

Asked 10 months ago - 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. Justin Eric Elder

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . 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... more
  2. Jonathan Stone

    Pro

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,400 answers this week

2,936 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,400 answers this week

2,936 attorneys answering