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The IRS currently has a lien filed on my credit report for taxes from the year 2000, but they have not started collections yet.

Portland, OR |

I do not owe the taxes, but since it is from the year 2000, I can't prove I don't. I recently received a notice stating an "Intent to seize your property or rights to property".
My question is, if I am on my mothers will, can they place a lien on or take any property that she owns while she is still alive?
Thanks for your time.

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Attorney answers 3


No. They cannot go after property that is not in your name. However, the Notice of Intent to Levy you are describing is serious in nature. I would recommend you seek the help of an Oregon licensed tax attorney to help you solve your issues with the IRS. If you say you do not owe the taxes this attorney may be able to help you get rid of the balance due!


I agree with my colleague. The IRS does not have a claim against your mother's property until she passes away. It might be prudent for her to put the property into a trust or take some other action to withhold it from you until you get your tax problems cleared up.

Please be sure and mark the best answer. Thank you! hope this helps. ***************************************** LEGAL DISCLAIMER James Oberholtzer is licensed to practice law in the Commonwealth of Virginia and the States of Illinois, Oregon and Washington. He has offices in Chicago, Illinois and Portland, Oregon. His law practice focuses on business, estate planning ( Wills and Trusts), probate administration, tax,real estate and tax exempt organizations. The foregoing statements do not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.


No. The IRS cannot take your mother's assets. However your mother should change her estate plan to leave her assets for you in trust, not outright, with a trustee who is friendly to you. Also, you are about to get in a world of hurt with the IRS. You should hire an experienced tax lawyer right now, whether in Oregon or in elsewhere You may have already lost some of your rights to challenge the deficiency, e.g., a CDP hearing. Don't delay further!!!! We would have to read copies of all of the notices you have received from the IRS and the related tax returns.

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