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Drew Hathaway

Do I have to pay my deceased mother's back taxes after the estate has been settled?

I was the executor for my mom who passed away about 2 years ago. During her final years, I made sure her tax returns were properly filed, though it was challenging since she had dementia and I had to piece together her financial information without much guidance. Just received a notice from the IRS claiming some retirement income wasn't reported on her returns because we never got any documentation for it. Now they're demanding payment for these back taxes. The problem is, the estate was completely settled over a year ago, and all assets have already been distributed to beneficiaries according to her will. The court-supervised probate process was closed in November 2022, well before I got this IRS notice. Am I personally responsible for paying these back taxes even though the estate is closed and the money has been distributed? The cash assets were distributed to beneficiaries by October 2022, which was the deadline set by the probate court (they required everything to be settled within a year of filing). If I had gotten this notice before distributing assets, I would've handled it differently. How can anyone properly close an estate if the IRS can come back years later with new tax bills? Seems like these two systems are working against each other.

Laila Prince

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This is a tough situation that happens more often than you'd think. As executor, you're generally not personally liable for the decedent's tax debts unless you distributed assets when you knew there were outstanding tax liabilities or you paid other creditors before the IRS. When the IRS discovers unreported income after an estate is closed, they typically try to collect from the estate first. Since there are no more estate assets, they can potentially pursue the beneficiaries who received distributions under something called "transferee liability" - basically meaning the tax debt follows the assets. The statute of limitations for the IRS to assess additional tax is generally 3 years from the filing date, but can be longer in certain cases. The collection period is typically 10 years from assessment. You should consider contacting a tax attorney who specializes in estate matters. They may be able to help negotiate with the IRS or determine if you have grounds to contest the assessment.

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Drew Hathaway

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Thanks for the information. I'm wondering if it matters that I, as executor, didn't know about this unreported retirement income when I distributed the assets? The 1099-R for this income was never sent to us, so I had no way of knowing about it until the IRS notice came. Also, how would the IRS typically proceed with collecting from multiple beneficiaries? Would they contact each person directly?

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Laila Prince

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Not knowing about the unreported income at the time of distribution does help your case. The IRS would have a harder time holding you personally liable if you acted in good faith based on the information you had available. The fact that you never received the 1099-R is important documentation to keep. For multiple beneficiaries, the IRS typically can pursue any or all of them for the tax debt, up to the amount each received from the estate. They usually start by sending notices to the executor and known beneficiaries. Each beneficiary would only be responsible up to the value they received, not the entire tax debt.

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Isabel Vega

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After dealing with something similar last year, I found taxr.ai incredibly helpful. I was in a nearly identical situation with my father's estate - we had closed everything out and then got a surprise tax bill from some pension income that wasn't reported. I was stressed about potential personal liability and uploaded all the IRS notices and estate documents to https://taxr.ai and they analyzed everything. They identified that since I had acted in good faith as executor without knowledge of the unreported income, my personal liability was limited. They also outlined exactly which beneficiaries could be approached by the IRS and for how much based on what they received. Their document analysis saved me countless hours of research and worry - they even found a procedural error in how the IRS calculated the interest that ended up reducing what was owed.

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How does the document analysis actually work? Did you have to send in physical paperwork or was it all digital? I'm dealing with a similar issue for my aunt's estate but I'm drowning in paperwork and don't know what's relevant.

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Marilyn Dixon

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I'm a bit skeptical. Did it actually help resolve anything with the IRS or just tell you information you could have gotten from an accountant? Estate tax issues seem too complicated for an online tool.

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Isabel Vega

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The entire process was digital - I just uploaded scans of the IRS notices, the estate distribution records, and the probate court documents. Their system analyzed the timing of distributions versus when tax notifications were received, which was crucial for establishing I acted in good faith. As for resolving issues with the IRS, it did more than just provide information. They generated a formal response letter citing specific tax codes that applied to my situation, which I sent to the IRS. They also identified that the IRS had calculated interest from the wrong date, which saved about $900. An accountant might have caught this too, but this was much more affordable and faster.

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Just wanted to update everyone - I took the advice about taxr.ai from the thread and it was surprisingly effective. I uploaded all the notices from the IRS about my aunt's estate taxes and the system immediately flagged that the assessment came after the standard 3-year window had closed. Their analysis showed my aunt's returns didn't meet any of the exceptions for extended assessment periods. I used their response template which cited specific tax codes about the statute of limitations, and the IRS actually withdrew the assessment within 3 weeks. Would never have known to challenge this on my own! They also provided documents explaining each beneficiary's potential liability if I needed to approach them about contributing to the tax bill. Thankfully I didn't need to use that, but it was incredibly detailed.

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After reading through everyone's responses, I wanted to mention Claimyr as another solution. When I was dealing with my brother's estate tax issues last year, I spent WEEKS trying to get someone at the IRS on the phone to explain the notice we received after the estate was closed. I was about to give up when someone told me about https://claimyr.com. I watched their demo (https://youtu.be/_kiP6q8DX5c) and decided to try it. Within 2 hours, I was actually speaking with an IRS representative who explained exactly which beneficiaries could be contacted for payment and confirmed I wasn't personally liable as executor since I didn't know about the unreported income. They even documented our conversation, which gave me peace of mind in case questions came up later. Getting direct answers from the IRS made all the difference in resolving the situation.

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TommyKapitz

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How does this actually work? Do they just call the IRS for you? Couldn't you just keep calling yourself? I'm confused about what service they're actually providing.

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Yeah right. The IRS NEVER answers their phones. I've tried calling dozens of times about my deceased parent's taxes. If this actually worked, everyone would be using it. Sounds like a scam to me.

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They don't just call for you - they use some kind of system that navigates the IRS phone tree and holds your place in line. When an actual IRS agent picks up, you get a call connecting you directly to them. I tried calling myself for three weeks and never got through. It's definitely not a scam. The point is that you don't have to waste hours on hold - they do that part for you. When I used it, I got a text about 2 hours after submitting my request saying an IRS agent was on the line, and then my phone rang connecting me directly to the agent. I was completely skeptical too, but when I actually got to speak to someone at the IRS after weeks of trying, I was convinced.

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I need to eat my words from my previous comment. After struggling for weeks with my parent's estate tax issue, I broke down and tried Claimyr yesterday. Within 3 hours, I was actually talking to a real IRS person who pulled up the estate's file. The agent confirmed that as an executor who distributed assets without knowledge of tax problems, I'm not personally liable. But she did say beneficiaries who received more than $15,000 could potentially be contacted for payment. She also told me exactly how to respond to the notice with documentation showing when we distributed assets versus when we found out about the tax issue. Never thought I'd say this, but being able to actually talk to the IRS directly resolved in 15 minutes what I'd been stressing about for weeks. They really do answer their phones - just not for normal people waiting on hold, apparently.

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Payton Black

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One thing nobody's mentioned yet - check if your mother's estate had liability insurance for the executor. Some estate plans include this coverage specifically for situations like unexpected tax bills that emerge after distribution. My father's estate had a $50,000 policy that covered exactly this scenario - a tax bill that came after we thought everything was wrapped up. I filed a claim with the insurance company and they covered the liability since I had acted in good faith as executor. Not all estates have this coverage, but it's worth checking if yours might. Sometimes it's called "executor's insurance" or "fiduciary liability insurance.

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Drew Hathaway

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I don't remember seeing anything about executor insurance in her paperwork, but I'll definitely go back and check. Do you know if this would be in the will itself or would it be a separate policy document? I'm wondering if the lawyer who helped with the probate process would know about this.

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Payton Black

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It would typically be a separate insurance policy, not mentioned in the will itself. The probate attorney would definitely know if there was a policy in place - they usually help arrange it or at least know about it if it exists. If you can't find any paperwork, call the attorney who handled the probate. Also check with any insurance companies your mother had policies with (homeowners, life insurance, etc.) as sometimes these executor policies are riders on existing coverage.

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Harold Oh

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Something important to consider - if the unreported income wasn't substantial, the IRS might determine it's not worth pursuing the beneficiaries. When I was in a similar situation, the unpaid tax was about $3,200. After I explained the estate was closed and assets distributed, they marked it as "currently not collectible." They basically told me that pursuing small amounts from multiple beneficiaries wasn't cost-effective for them. This isn't guaranteed, but sometimes pragmatism wins out, especially if good faith efforts were made to file correctly. How much is the tax bill they're claiming? If it's under $10,000, you might be able to make a case that the collection efforts would exceed the potential recovery.

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Amun-Ra Azra

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This is really good advice. The IRS operates on cost-benefit analysis for collections like any business. I worked for the IRS for 12 years, and there were internal thresholds for pursuing distributed estate assets. If beneficiaries received small amounts and the tax due was modest, it often wasn't worth the manpower to pursue. Not saying to ignore the notice, but definitely worth explaining the situation.

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Based on my experience helping clients with similar estate tax issues, you're likely not personally liable as executor since you acted in good faith without knowledge of the unreported income. The key factors working in your favor are: 1) you never received the 1099-R, 2) the estate was properly closed through court supervision, and 3) you distributed assets before knowing about this liability. However, the IRS can still pursue beneficiaries under transferee liability rules. They would be responsible only up to the amount they received from the estate, not the full tax debt. I'd recommend responding to the IRS notice with a letter explaining the timeline - when assets were distributed versus when you learned of the unreported income. Include copies of the probate court closure documents and note that no 1099-R was ever received. This establishes your good faith compliance as executor. Also ask the probate attorney if there was any executor/fiduciary insurance in place. Some estate plans include coverage specifically for post-distribution tax liabilities discovered later. If the tax amount is relatively small, the IRS might also determine it's not cost-effective to pursue multiple beneficiaries and mark it as currently not collectible.

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Kaitlyn Otto

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This is excellent comprehensive advice. One additional point - when you write that response letter to the IRS, make sure to send it certified mail with return receipt requested. This creates a paper trail showing when they received your explanation and documentation. I'd also suggest keeping detailed records of all communications going forward. If the IRS does decide to pursue beneficiaries, having documentation that you properly notified them about your good faith efforts as executor could be important for limiting any potential personal liability claims later. The timeline aspect you mentioned is crucial - the fact that you distributed assets in October 2022 but didn't receive the IRS notice until well after the estate was closed really strengthens your position that you acted appropriately with the information available at the time.

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I went through a very similar situation with my father's estate about 18 months ago. The IRS came back with a notice about unreported Social Security benefits that we never knew existed - apparently there was a clerical error and the SSA never sent us the proper documentation. What really helped me was documenting everything chronologically. I created a timeline showing when I filed his final returns, when the probate court approved distributions, when assets were actually distributed to beneficiaries, and when I first received the IRS notice. This timeline clearly demonstrated that I had no knowledge of the unreported income when I closed the estate. I also reached out to the Social Security Administration to get a letter confirming that the required tax documents were never sent to the estate. Having that third-party documentation from SSA really strengthened my case when I responded to the IRS. The IRS ultimately agreed that I wasn't personally liable as executor, but they did send notices to the three beneficiaries who received the largest distributions. Two of them ended up paying their portion (about $800 each), and the third successfully argued hardship since they were on disability. The whole process took about 8 months to fully resolve. My advice would be to gather all your probate documents, create that chronological timeline, and try to get documentation from whoever should have sent the 1099-R that they failed to do so. Having that paper trail makes a huge difference in these cases.

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