[WSBAPT] 11.54 family award - effect on federal taxes owed?

[John J. Sullivan]

Don't forget the family award comes behind admin expenses and expenses of
last illness. 

I've dealt with back taxes in probate. There is a federal statute that
puts them in line ahead of everyone except (as I vaguely recall) again
expenses of last illness. I'll check my research databank. 

Not sure then ... is family award ahead or behind or of same priority? 

Has IRS filed a lien?

John Sullivan. 

Sent from my iPhone

On Jul 11, 2014, at 10:16 AM, "Tom Stuen" <tomstuen at comcast.net> wrote:



Eric:  I think the IRS will accept the family award.  Maybe 10 years ago I
had this issue.  The IRS removed the probate to federal court, then
decided to let it go.  I think there is some federal case law.  Dennis
Williams recently succeeded on this for another case of mine.
360-733-0212.

                Tom Stuen

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, July 10, 2014 4:25 PM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
Subject: [WSBAPT] 11.54 family award - effect on federal taxes owed?

 

The family award under RCW 11.54 is supposedly superior to all unsecured
creditors of the Estate. I assume the Feds have exempted themselves from
operation of such state statutes, but I don't know the authority. Or maybe
I'm wrong, and the family award works even against federal taxes unpaid
and owing. Anyone know?

 

Sincerely,

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

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