Is my mom responsible for her husbands unpaid taxes if he passed away?

[joejccva]

Some documents were just sent under his name to my mother's address from the IRS. It states that he owes about $25,000 in unpaid taxes for the tax years of 2003, 2004, 2005. He passed away in 2006 from cancer, and he always filed"Married Separate".Is she responsible for his unpaid taxes even though he filed separately?Need a concrete answer here if possible.Thanks.It's the State of Maryland.Thanks...what about Federal taxes? ------

[Tim]

It depends on the state. Most states are community property states meaning, yes. ------

[iamdzire]

Maryland is not a community property state....so the answer is no. ------

[travelguruette]

She would not be responsible but his estate is. ------

[buccibeaver]

Maryland isn't a community property state it is an equitable distribution state (equal and just). This is clearly explained when it comes to divorce however when it comes to a death, it might be different. Did the IRS ask your mom for payment? If they are not billing her then she is not liable. The IRS usually knows who they have a right to bill. ------

[bostonianinmo]

Since he filed separately, she is not liable for the tax. His estate is however. This should have been addressed by the executor of the estate. If the estate was probated without paying the IRS (and getting a release from them) then any part of the estate distributed to the heirs can be attached by the IRS to pay the tax debts. ------

[ninasgramma]

That's a lot of unpaid tax. If he left any assets, the IRS is going to pursue payment from the person(s) who inherited those assets. If this applies, your mother needs to see an estate attorney pronto. ------

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