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If my husband dies am I liable for his back taxes?

This is a discussion on If my husband dies am I liable for his back taxes? within the Tax Issues forum, part of the BUSINESS & FINANCE LAW category; My husband and I have never filed jointly, however, he currently owes the IRS for back taxes. If he were ...

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Old Apr 4th, 2008, 12:21 PM   #1
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Confused If my husband dies am I liable for his back taxes?

My husband and I have never filed jointly, however, he currently owes the IRS for back taxes. If he were to die before this is resolved - would I owe the back taxes since they are for a year during our marriage?
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Old Apr 17th, 2008, 07:16 PM   #2
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Default Re: If my husband dies am I liable for his back taxes?

General answer is no, you are not personally rsponsible but his estate will be responsible for the debt to the extent ther are assets to cover it. Also, there are times, the IRS can assert equitable liens on assets transferred and then foreclose the liens. This can happen when the transfer occurs for less than fair market value, when the transfer leaves the transferor insolvent and when the transfer is with knowledge of the debt or creitor proofing. I'd suggest you consult with your own lawyer as to the situation and see what your exposure may be. Nothing worse than dealing with the death of a spouse and at the same time having an IRS agent telling you they are going to force you out of the house as it is in joint name.
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