My ex-husband agreed in our written and filed martial separation agreement to pay our 2003 and 2004 taxes which we filed jointly. He died two weeks after our divorce was final. I know now he was sick at the end of our relationship which was why he acted so crazy and I chose to leave rather than stay in an emotionally abusive relationship. He changed the beneficiary on the life insurance he had taken out so that I would always have a home and replaced me with his children. I also do not get any widow benefits as the divorce was final when he died. i understand the legalities of this and although it's rationally unfair it is what it is.
However, he did agree in writing to pay the taxes and the IRS is not coming after me and has levied me and taken $2500 from my bank account unexpectedly about six weeks ago. I had no warning. They claim they sent me mail, however I never say anything. I had assumed that at least the 2003 had been taken care of. They told me they expected me to have to pay $220 per month to pay off the approximately $14,000 in taxes that they say are due. I have seen nothing in writing.
I don't believe his children opened probate for his estate as I still show up on the title as joint owner with my ex-husband. I did agree to let him have the condo. However it appears he did not take me off the title.
So, i have two issues here -- how do I pursue getting the money from his estate to pay the taxes -- and/or how can I work something out with the IRS. I currently do not have the money to pay them.
Any help and clairfication on this will be much appreciated. My guess is that the condo is not currently worth the loan amount, so forcing a sale seems futile, although perhaps a good threat as the last I knew his daughter isliving in the condo.
One question I have is how long do I have to file probate?