What to do about money owed to the IRS by someone who has died?

UPDATED: Nov 12, 2011

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What to do about money owed to the IRS by someone who has died?

My brother owed taxes to the IRS. He died suddenly of a heart attack. We have waited one year for the IRS to take the money out of his account. They never took the money out and we were told it would be divided between his siblings. Do we need to notify them of the money and ask if they want it? Are we liable if we take this money?

Asked on November 12, 2011 under Bankruptcy Law, Delaware


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your brother dies with or without a Will or trust, his estate needs to be probated or a trust administered to get his assets collected, inventoried and paid to creditors. Once done and there is anything remaining, his heirs get the net amount.

I suggest that you consult with a Wills and trusts attorney about your situation and your deceased brother and monies owed to the Internal Revenue Service.

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