My deceased mother received an IRS bill for unreported 1099R income - what now?
My mom passed away in February 2023. My dad has been gone for about 9 years. After mom died, we distributed all her money equally between myself and my 3 siblings according to her will. She had no debts at the time, and now has no remaining accounts or assets of any kind. The IRS just sent a notice (April 2023) saying she owes $12,300 in back taxes from 2021 because her accountant failed to report some 1099R retirement income. The letter was forwarded to me from her former nursing home address. Does this tax bill actually need to be paid? The letter only mentions her name, not any of us kids. And yes, I've verified this is a legitimate IRS notice. UPDATE: I've spent the last day learning more and getting nowhere. Mom's assets were all transferred to us kids as named beneficiaries on her accounts (payable upon death). No other assets like house or vehicles. I've been on the phone with multiple IRS representatives for hours. None will allow me to act on her behalf to even access her account or discuss the situation. Two agents actually suggested my deceased mother complete a Power of Attorney form. When I reminded them she was dead, they asked if I had informed the IRS of her death. I said no, isn't that the Social Security Administration's job? The agent said there's a form for the IRS. After putting me on hold, they came back saying there isn't a form after all and the info comes from SSA. When I asked if they knew she was dead yet, they said I'm "not authorized to receive that level of information about her account." I'm completely stuck. I don't want penalties and interest piling up, but I can't take any action on her behalf.
21 comments


McKenzie Shade
This is a frustrating but common situation. When someone passes away, their estate becomes responsible for any outstanding tax liabilities. Since all assets were distributed through beneficiary designations (which bypass probate), no formal estate was likely established. What you need is Form 56 "Notice Concerning Fiduciary Relationship" which establishes you as a representative who can deal with the IRS regarding your mother's tax matters. You'll also need a copy of the death certificate. Once the IRS processes Form 56, you can request a "final bill" from the IRS and potentially negotiate the amount owed. If the 1099R income truly wasn't reported, then yes, technically the tax is legitimately owed. However, you might have options to request penalty abatement since this was an accountant's error. The tax itself plus interest will likely still be due.
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Harmony Love
•What happens if OP just ignores this? The mom has no assets left, so what could the IRS realistically do at this point? Go after the kids for money they already received?
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McKenzie Shade
•The IRS could potentially pursue the beneficiaries who received assets that would have otherwise been used to pay the tax debt. This is called "transferee liability" - when assets are transferred to beneficiaries but there were unpaid tax liabilities at the time of transfer. The IRS generally has 3 years from when the return was filed (or should have been filed) to assess additional tax, and 10 years from assessment to collect. Since this is a recent assessment for 2021 taxes, they have plenty of time to pursue collection. Ignoring it could potentially lead to complications later, including possible liens against the beneficiaries.
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Rudy Cenizo
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Natalie Khan
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Daryl Bright
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Rudy Cenizo
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Natalie Khan
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Sienna Gomez
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Kirsuktow DarkBlade
•How does this actually work though? Do they three-way call you? Is there any privacy concern with having a third party involved in calls with the IRS?
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Abigail bergen
•This sounds like a scam. The IRS is a government agency - no third party company can magically get you to the front of the line. Plus, giving someone else access to potentially discuss your tax info seems like a massive privacy violation.
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Sienna Gomez
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Abigail bergen
I need to eat some serious crow here. After dismissing Claimyr as a likely scam, I was desperate enough to try it yesterday for my own IRS issue. I'd been trying to reach someone for WEEKS about my deceased parent's tax situation. It actually worked exactly as described. The system navigated all the phone menus, waited on hold for almost 2 hours (which I didn't have to sit through), then called my phone when a real IRS agent was on the line. I was connected directly to the person, and was able to get my issue resolved in about 20 minutes of actual conversation. For anyone dealing with a deceased taxpayer issue: I learned you need to speak specifically with the "Deceased Taxpayer Department" - something none of the general IRS reps told me in my previous attempts. Once I was connected to the right department, they were actually quite helpful and processed my Form 56 immediately.
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Ahooker-Equator
Former tax professional here - a few important things to note: 1) Your mother's final tax obligations don't just disappear with her death 2) The IRS can pursue transferees who received assets if tax debts existed at time of transfer 3) Since the assets were transferred via beneficiary designations, this gets complicated The most straightforward solution would be to file Form 56 as others suggested, then arrange payment of the legitimate tax due. You could request abatement of penalties (not interest) through a reasonable cause request explaining the accountant's error. If the total distributed to each child was less than the tax owed, the IRS might accept a partial payment as settlement. But you need proper representation established first.
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Caden Turner
•Thank you for this information. Just to clarify - since all assets were distributed as beneficiary designations and not through probate, does that mean none of us kids were technically executors? Is there any legal difference between being a beneficiary versus an heir in terms of tax liability?
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Ahooker-Equator
•You're correct - with assets distributed purely through beneficiary designations, no one was appointed as executor since those assets bypass probate. However, the tax liability remains. The distinction between beneficiary and heir is important for IRS purposes. Beneficiaries receive assets directly through designations on financial accounts, while heirs receive property through a will. In terms of potential transferee liability, the IRS can pursue both, though the procedural requirements differ. Beneficiaries may actually face more straightforward liability since the transfer is direct. The key factor will be whether the IRS can establish that the tax liability existed at the time of the asset transfer, which in your case it clearly did.
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Anderson Prospero
I had almost the exact situation with my dad last year - missed 1099R and everything! What we did: got death certificate, filled out Form 56, and sent it with a letter explaining the situation. Also included Form 1040X (amended return) showing the correct income. We paid the actual tax owed (couldn't get around that) but requested an abatement of all penalties due to reasonable cause. Took about 3 months but they approved it! Saved us over $2k in penalties.
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Tyrone Hill
•Did you have to establish an estate after death to handle this? Or could you just submit these forms as a family member?
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Dylan Campbell
I'm dealing with a very similar situation right now with my late father's estate. One thing I learned that might help - even though your mom's assets were distributed through beneficiary designations, the IRS can still pursue what's called "transferee liability" against the beneficiaries if there were unpaid taxes at the time of transfer. The key is getting proper authorization to deal with the IRS on her behalf. Form 56 is definitely the right path, but make sure you're sending it to the correct IRS processing center for your state. I made the mistake of sending it to the wrong location initially and it delayed everything by months. Also, document everything with the IRS phone calls - dates, times, agent names/ID numbers. The inconsistent information you're getting is unfortunately typical, but having records helps if you need to escalate later. You might also want to request a manager or supervisor when you call back, as they tend to be more knowledgeable about deceased taxpayer procedures. The $12,300 won't just disappear, but you do have options for penalty abatement and possibly even an offer in compromise if the total distributed assets were less than the tax debt. Don't let the interest and penalties keep accumulating while you're stuck in this bureaucratic maze.
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Taylor To
•This is really helpful advice, especially about documenting the phone calls. I've been dealing with something similar and the IRS agents have given me completely contradictory information multiple times. Having those records saved me when I had to escalate to a supervisor who was able to see the pattern of misinformation I was getting from regular agents. One thing to add - when you do get Form 56 processed, make sure you get a confirmation letter from the IRS acknowledging your fiduciary status. Without that letter, some agents will still refuse to discuss the account even after the form is on file. It's frustrating but seems to be standard procedure.
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Yuki Sato
I went through this exact nightmare when my grandmother passed in 2022. The IRS bureaucracy around deceased taxpayers is absolutely maddening, but here's what finally worked: First, you're right that the tax liability doesn't just disappear. Since your mom's assets were distributed through beneficiary designations, you and your siblings could potentially be liable as transferees if the IRS can prove the tax debt existed when you received the assets (which it sounds like it did). The Form 56 route is correct, but here's the key - you need to establish yourself as the "informal fiduciary" since no formal estate was opened. Include a cover letter explaining that all assets were distributed via beneficiary designations and that you're acting on behalf of the deceased taxpayer to resolve outstanding tax matters. Also, when you call the IRS, specifically ask for the "Deceased Taxpayer" unit - don't let them transfer you to general collections. The regular agents literally don't have training on these situations, which explains the ridiculous advice about getting a power of attorney from a dead person. Once you get Form 56 processed, you can request penalty abatement for reasonable cause (accountant error) and potentially set up a payment plan if needed. The actual tax plus interest will likely still be due, but you can eliminate the penalties which are usually a big chunk of these bills. Don't ignore this - the IRS has up to 10 years to collect and can absolutely pursue transferee liability against beneficiaries. Better to deal with it now before more penalties and interest accumulate.
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