How many years of prior tax returns am I responsible for when paying taxes for a deceased person who's estate is in probate?

Bankruptcy and Debt 3 views 3 answers
I am the personal representative for an estate in probate. I am filing the decedent's 2014 tax return. How many years of back taxes am I responsible for? There does not seem to be a tax lien on the estate, but I can't find any record of 2012 or 2013 tax returns.

Attorney Answers

3
Steven Zelinger ·
If the debts existed at the time of the person's death they are debts of the estate. I would request income tax return and account transcript information for the deceased to see what you are dealing with. You also say there "does not seem" to be a lien - what do you base this one? I would advise running a lien and judgment search in the county where the decedent owned real estate.
0 upvotes
Eric Nelsen ·
The PR's liability for a decedent's taxes runs essentially to every tax year that the decedent did not properly pay all taxes owing, AND where the statute of limitations hasn't already passed. The IRS has three years from date of filing to challenge a return, so that is reassuring for any year the decedent filed a return. BUT if the decedent did not file a return, the statute of limitation never runs. So depending on the circumstance, I often advise a PR client to request records from IRS to confirm that returns actually were filed--and if not, then have the PR prepare and file them (or hire an accountant to do it).
0 upvotes
Larry Couture ·
If you don't pay your taxes there is no statute of limitations as far as I know. Hence, you have to pay all prior tax debts not paid by the decedent but, obviously, from the estate of the person. Your probate lawyer should be able to answer this for you and if you don't have one it seems pretty clear that you should have one.
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