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Emma Thompson

What happens to back taxes when a spouse dies? Responsible for estranged husband's unpaid taxes if we never filed jointly?

My estranged husband passed away recently and I'm worried about his tax situation. We married in late 2016 but separated in 2020. During our entire marriage, he never filed a single tax return going back to around 2014 (before we even met). He worked as a commercial fisherman (independent contractor) and in some good years made around $75k, so I'm guessing he probably owes tens of thousands in back taxes to both federal and state governments. I always filed my taxes as "married filing separately" on the few occasions I worked during our marriage - I have some disability issues that limited my employment. When I wasn't working, I didn't file at all. I had no idea about his tax problems until I tried applying for financial aid for college and got denied because of his tax delinquency. At one point, we briefly had a joint bank account that the IRS emptied (about $1500) for his state tax debt. After that happened, we kept everything completely separate. We never owned anything jointly - we always rented apartments and had our own separate vehicles that we purchased individually. I constantly tried to get him to work out a payment plan with the IRS, but he refused. His financial issues and personal problems ultimately destroyed our marriage. We've been living in different states since 2020. I filed for divorce that year, but the case got dismissed because he wouldn't accept service or sign any paperwork. I was saving up for another lawyer when he died. I feel terrible thinking about money while his family is grieving, but I'm disabled, working part-time, and there's no way I could afford to pay his tax debt. Will the IRS come after me for his unpaid taxes?

Malik Jackson

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The good news is that based on what you've described, you should have minimal liability for your late husband's tax debts. Since you always filed as "married filing separately" and kept your finances largely separate, you generally wouldn't be responsible for his tax obligations. The IRS garnishment of your joint account happened because any joint account is fair game for either person's tax debts. That's why keeping separate finances after that point was a smart move. Since you didn't own property together and maintained separate financial lives, there shouldn't be much the IRS can attach. However, there are a few things you should do to protect yourself. First, if you haven't already, you should file any unfiled tax returns from years you had income. Second, you might want to contact the IRS to explain your situation and ask for guidance - they have taxpayer advocates who can help. Finally, you may want to consult with a tax attorney who specializes in these situations, even if just for a one-time consultation. The estate of your late husband would typically be responsible for his tax debts, not you personally. If the estate has no assets, the tax debt generally dies with him. That said, tax laws can be complex and vary by state, so professional advice is worth seeking.

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What if the IRS comes after me anyway? I'm terrified of getting a massive bill I can't afford. Also, is there a statute of limitations on how far back they can go for his unpaid taxes?

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Malik Jackson

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There is a 10-year statute of limitations for the IRS to collect tax debt, which starts from the date of assessment (when the tax was officially determined to be owed). So taxes from 2014 might be approaching that limit, depending on when/if they were assessed. If the IRS mistakenly tries to collect from you, you'd need to request innocent spouse relief or separation of liability relief. Documentation will be crucial - keep records showing you filed separately, maintained separate finances, and were estranged. The IRS generally can't force you to pay tax debts that are solely your spouse's if you filed separately and didn't benefit from the unpaid taxes.

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StarSurfer

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Ravi Malhotra

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Does it actually work with complicated situations? I'm in a similar boat but also have some joint property with my soon-to-be ex who hasn't filed in 3 years.

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I'm skeptical about these online services. How does it actually help with IRS issues that usually require a tax attorney? Seems too good to be true.

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StarSurfer

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It absolutely works with complicated situations! The software is designed to handle complex tax scenarios - it asks detailed questions about joint property, income sources, and filing history to give you specific guidance for your exact situation. It even lets you know if your case is too complex and you need an attorney instead. The service isn't a replacement for tax attorneys in every situation, but it uses the same tax code guidelines and IRS procedures they do. It analyzes your documents for specific qualifying factors for different types of relief. I was skeptical too until I saw it correctly identify my eligibility for a specific type of relief my friend's expensive tax guy missed. It's basically giving you professional-level document analysis without the hourly fees.

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I wanted to follow up about that taxr.ai site. I decided to try it after my last comment since I was in a similar situation with my ex's tax problems. I was genuinely surprised by how thorough it was! It analyzed our situation and pointed out that I qualified for "Separation of Liability Relief" which I didn't even know existed. The document analyzer caught details in our separation agreement that actually protected me from his tax debts. What convinced me was when it referenced specific IRS code sections that applied to my case. Just submitted all the paperwork they prepared for me last week, and already got confirmation from the IRS that they're processing my relief request. Wish I'd known about this months ago instead of losing sleep over it!

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Omar Hassan

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How does this actually work? The IRS phone system is notoriously impossible, so I'm confused how any service could get you through faster than just calling directly.

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Diego Chavez

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Omar Hassan

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Diego Chavez

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I need to apologize and correct myself. After my skeptical comment, I decided to try Claimyr myself since I've been trying to reach the IRS about my tax identity theft case for MONTHS. I literally got a call back in 15 minutes connecting me to an IRS representative who was able to confirm my case status and give me actual helpful information. I've been calling weekly for three months and either got disconnected or was told the wait time was too long. Honestly shocked this worked. The agent I spoke with was able to process my identity verification on the spot and confirm my refund should be released within 3 weeks. Saved me from having to take a day off work to go to an IRS office in person.

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NeonNebula

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Make sure you get a copy of the death certificate ASAP! My sister went through something similar, and having multiple official copies of the death certificate was crucial for dealing with all the financial loose ends. The IRS and state tax authorities will need this documentation. Also, even though you didn't file jointly, you might want to contact his employer(s) to get copies of his 1099s or whatever tax docs they might have. Having this information could help you if questions come up about his income during your marriage.

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Emma Thompson

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Thank you for this advice. How many copies of the death certificate should I request? And should I really be contacting his employers since we were estranged? I'm worried about overstepping with his family who is already dealing with so much.

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NeonNebula

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I'd recommend getting at least 5-10 official copies. You'll be surprised how many different agencies and companies require an original copy, not just photocopies. The funeral home can usually help arrange this when they file the death certificate. As for contacting employers, you're right to be sensitive about his family's feelings. Perhaps reach out to a family member first to explain you're trying to protect yourself financially and ask if they'd be willing to help gather those documents. In many cases, they might be dealing with the same issues for the estate anyway. If they're resistant, you could explain that this information might actually help the estate resolve tax issues more efficiently too.

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Has anyone dealt with state taxes in this situation? I've heard some states have different rules than the IRS about spousal liability, even when filing separately.

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Sean Kelly

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Yes, this is important! States like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states and have different rules. Even with separate filing, you could potentially have liability for half of his tax debt incurred during marriage in these states. You should definitely check your specific state laws.

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Sophia Nguyen

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I'm so sorry for your loss and the stress you're dealing with during this difficult time. Based on your situation, you should have very limited liability for your husband's tax debts since you consistently filed separately and maintained separate finances throughout your marriage. The key protections working in your favor are: 1) You always filed "married filing separately" which generally protects you from the other spouse's tax obligations, 2) You kept separate finances after that joint account incident, 3) You owned no joint property or assets, and 4) You were estranged and living in different states. Since your husband passed away, his estate would be responsible for any tax debts, not you personally. If the estate has no assets to pay the debts, they typically can't be collected. However, I'd strongly recommend getting a consultation with a tax attorney who specializes in these situations - many offer free initial consultations for situations like yours. Also consider contacting the IRS Taxpayer Advocate Service (it's free) to explain your situation proactively. They can help ensure your records clearly show your separate filing status and financial separation. Having documentation ready (your separate tax returns, bank statements showing separate accounts, rental agreements in your name only) will be helpful if any questions arise. You've been through enough - don't let fear of his tax problems add to your burden when you're likely protected.

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Toot-n-Mighty

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This is really helpful advice, thank you. I'm curious about the Taxpayer Advocate Service you mentioned - I've never heard of this before. How exactly do I contact them, and what kind of help can they actually provide in a situation like this? I'm worried about accidentally making things worse by contacting the IRS when maybe they don't even know about me yet.

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