If the executor of the estate is subject to tax lien can the estate be levied?

UPDATED: Sep 30, 2022

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If the executor of the estate is subject to tax lien can the estate be levied?

I am the co- executor but not named as a beneficiary of an estate. I have
just been informed by the State of California that a lien has been place on my
property and bank accounts. Since I have signing power to distribute estate
assets and pay bills, can the state place a lien and/or levy the estate bank
account or any assets of the estate?

Asked on December 23, 2016 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No: an estate is not liable for the debts or obligations of an executor or co-executor, any more than a corporation of which you are a manager is liable for your personal debts or obligations. The estate is a separate legal entity from you (the same way the corporation employing you would be a separate legal entity) and bears no responsibility for what you owe. So the estate may not be levied for your debt or obligation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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