Help! My in-laws passed away without filing taxes for years - what can I do now?
My spouse was the executor of her parents' estate, and we're in a complete mess now. The whole process was a nightmare, but we thought everything was settled a few years back in 2021/2022. We hired an attorney who we assumed was handling all the legal aspects, including taxes. Boy were we wrong. Just got mail from the IRS with a 1041-ES form and four separate envelopes addressed to the estate. Turns out my in-laws hadn't filed their taxes for several years before they passed. We have absolutely no clue what's owed or how to even begin sorting this out. To make matters worse, during the estate settlement, their manufactured home was repossessed, and we have zero records of what financial obligations they had. Their only income was Social Security and Veterans Affairs benefits. I'm completely lost on how to proceed. Can we contact the IRS directly to find out what's owed? Would they even have that information? Has anyone dealt with unfiled taxes for deceased relatives? Any advice would be greatly appreciated.
19 comments


Xan Dae
You definitely can and should contact the IRS about this. When dealing with unfiled returns for deceased taxpayers, the IRS can provide transcripts that show what income was reported to them under the deceased's Social Security numbers. These transcripts will help you determine what needs to be filed. For estate tax issues specifically, the Form 1041-ES you received is for estimated tax payments for estates and trusts. Since your in-laws were primarily on Social Security and VA benefits, there's a good chance they weren't actually required to file in those years if their income was below certain thresholds. Many seniors on fixed government benefits fall below filing requirements. I'd recommend calling the IRS at the number on the notices (likely the estate and trust department) and requesting account transcripts for both your in-laws for the years in question. Explain the situation honestly - that you're the executor, the estate was thought to be settled, and you have limited records.
0 coins
Fiona Gallagher
•Would the transcripts show if they actually owed anything or only what income was reported? And do you need to have all their personal information to get the transcripts? I've heard the IRS is impossible to reach by phone these days.
0 coins
Xan Dae
•The transcripts will show income reported to the IRS via W-2s, 1099s, etc., which helps determine if they needed to file. They'll also show if returns were actually filed and if there are outstanding balances. This gives you the full picture of where things stand. You'll need some personal information as the executor - their Social Security numbers, dates of birth, and dates of death. You'll also need to verify your authority as executor, so have a copy of the Letters Testamentary or similar document that appointed your spouse as executor. The IRS may require Form 56 (Notice of Fiduciary Relationship) if not previously filed.
0 coins
Thais Soares
I went through something similar with my uncle's estate last year. I spent DAYS trying to call the IRS before I found taxr.ai (https://taxr.ai). They have this service that analyzed all his document records and told me exactly what returns were missing and what was likely owed. The real game-changer was that they could access tax transcript data and interpret it in plain English. They showed me that my uncle hadn't filed for 3 years but actually wasn't required to file for 2 of those years based on his income thresholds. Saved me from filing unnecessary returns! They also explained exactly what the 1041-ES form was for and how to handle it for the estate. Really helpful for navigating estate tax situations when you're missing documentation.
0 coins
Nalani Liu
•Does taxr.ai actually connect with the IRS systems or do you still need to provide all the documents? I'm in a similar situation with my mom's estate but have very little paperwork.
0 coins
Axel Bourke
•Sounds interesting but I'm skeptical. How long did it take to get answers? And did they help with actually filing the returns or just telling you what you needed to file?
0 coins
Thais Soares
•They have direct connections to tax databases, so they can pull transcripts and analyze them. You just need to provide authorization (identity verification and some basic info about the deceased). In my case, I had almost no documents, just my uncle's SSN and death certificate. It took about 2 days to get the full analysis. They don't file the returns for you, but they give you a detailed report of what needs to be filed, what income was reported to the IRS, and estimates of what might be owed. They also suggested which forms to use and key items to include. It made it easy enough that I could handle filing myself, but they also recommended tax pros who could take over if needed.
0 coins
Axel Bourke
Just wanted to update - I decided to try taxr.ai after my skeptical questions. It was actually super helpful! I uploaded my father's death certificate and the tax notices I had, and their system found YEARS of unfiled returns I didn't know about. The best part was they showed me that for 3 of the 5 years, he didn't actually need to file based on his income sources (mostly social security). The system even generated templates for the returns I did need to file. Saved me so much stress trying to piece together his financial history with almost no records! If you're dealing with deceased tax issues, definitely worth checking out, especially if you're missing documentation like I was.
0 coins
Aidan Percy
Have you tried calling the IRS? I tried for WEEKS last year about my mom's estate tax issue - constant busy signals or disconnects after waiting for hours. Then someone told me about Claimyr (https://claimyr.com) and showed me this demo: https://youtu.be/_kiP6q8DX5c It's a service that gets you through to an actual IRS person, usually within an hour. I was SUPER hesitant because it sounded too good to be true, but I was desperate. It worked! They called me back when I was next in the IRS queue, and I finally got answers about my mom's unfiled returns. For estate tax questions like yours with Form 1041-ES, you need to talk to someone in their estate department anyway. Getting straight answers from an actual IRS agent was 100x more helpful than guessing or trying to interpret the notices myself.
0 coins
Fernanda Marquez
•How exactly does this work? I thought the IRS phone system was just completely overloaded and nobody could get through. Is this legal?
0 coins
Norman Fraser
•This sounds like BS honestly. Nobody can get through to the IRS these days. If this actually worked, everybody would be using it. Did you actually get your problem resolved or just talk to someone?
0 coins
Aidan Percy
•It uses a completely legitimate callback system that large businesses use. It basically waits on hold for you - when you're getting close to the front of the queue, they call you so you can take the call with the IRS agent. It's totally legal and above-board. Yes, I actually got my problem resolved! I found out my mom had unfiled returns for 3 years, but since she was only on Social Security with income below the filing threshold, I only needed to file a final return for her last partial year. The IRS agent gave me exact instructions and even noted the account that I was working to resolve the issue as the executor.
0 coins
Norman Fraser
I need to publicly eat my words about Claimyr. After writing that skeptical comment, I was still desperate with my father-in-law's estate tax situation, so I tried it anyway. It ACTUALLY WORKED. I got through to an IRS estate tax specialist in 45 minutes after trying for weeks on my own. The agent pulled up all the records and confirmed that my father-in-law hadn't filed for 4 years but actually didn't NEED to file for 3 of those years due to his income level (mainly SS benefits). They walked me through exactly what I needed to do to resolve the 1041-ES notices. Seriously, if you're dealing with estate tax issues and missing records, speaking directly with the IRS is the fastest way to figure out exactly what you're dealing with. I would have wasted so much time and money trying to reconstruct years of missing records otherwise.
0 coins
Kendrick Webb
Just to add something important - if your in-laws were primarily living on Social Security and VA benefits, there's a good chance they weren't required to file at all. Many people don't realize this. For example, in 2022, a married couple over 65 only needed to file if their gross income exceeded $28,700. Social Security is often not counted in this calculation unless they had other substantial income. VA benefits are generally tax-free. Before you panic about years of unfiled returns, find out if they were even required to file. This could be much simpler than you think!
0 coins
Isaiah Sanders
•Thank you for mentioning this! I had no idea there were income thresholds where filing wasn't required. That makes me feel a bit better about the situation. Their mobile home was probably worth about $25,000 and they had no other major assets. Do you know if the IRS can tell us whether they were required to file for those years?
0 coins
Kendrick Webb
•Yes, the IRS can absolutely help determine if they were required to file. When you contact them (either directly or through a service like others mentioned), ask specifically for "wage and income transcripts" for the years in question. These will show all income reported to the IRS under their Social Security numbers. The value of their mobile home actually doesn't factor into the filing requirement - it's based on income, not assets. Given what you've described, it sounds very possible they weren't required to file. The 1041-ES forms you received are likely related to the estate itself, not their personal unfiled returns, which is a separate matter that the IRS can clarify when you speak with them.
0 coins
Hattie Carson
One thing nobody's mentioned - you should check if the estate itself needs to file a return. Form 1041-ES is for estimated tax payments for estates and trusts. If the estate generated income after your in-laws passed (like interest on accounts, sale of assets, etc.), the estate might need to file its own return separate from your in-laws' personal returns. Usually this only applies if the estate earned more than $600 in income before assets were distributed to heirs. Did the estate have any income-generating assets that weren't immediately distributed?
0 coins
Destiny Bryant
•This is important! My mom's estate had a CD that generated $700 in interest during probate, and we had to file a 1041 for the estate even though she wasn't required to file personal returns for years before her death.
0 coins
Isaiah Sanders
•Thank you for bringing this up! There was a small checking account with maybe $3,000 that earned some interest, and a life insurance policy that paid out about $15,000. Would the life insurance payout count as estate income? We distributed everything pretty quickly after getting the insurance money, probably within 2-3 months.
0 coins