[WSBAPT] Probate Notice to Known Creditors: IRS

[Richard Wills]

I agree with John, although I don't send a "letter."Â  Especially in
insolvent estates, I file & publish a Notice to Creditors, & in any estate
in which I've published a Notice to Creditors, all I send to possible
creditors is a copy of the Notice to Creditors, nothing more.



On 9/7/2014 4:38 PM, John J. Sullivan wrote:


Erin:

Yes and no. If I know the decedent owed back taxes I send notice. 

In most cases I know because there was already contact before death. In
many cases the IRS has filed a lien, which makes them a secured creditor
that can execute outside of probate. 

Also, and especially in an insolvent estate, the IRS claim for back income
taxes enjoys a priority intersected by federal law that places it ahead of
everyone other than expenses of administration and last illness. 

http://www.irs.gov/irm/part5/irm_05-005-002.html

John Sullivan

Sent from my iPhone

On Sep 7, 2014, at 12:19 PM, Erin Fairley <efairley at advocateslg.com>
wrote:



Hi List-mates,

Decedent’s estate is insolvent (roughly 8k in estate account – over
100k in creditor debt). Â Decedent owed IRS from previous tax years. Â Do
I send Notice to Known Creditors letter to IRS or is dealing with the IRS
a whole other ball of wax? Â 

Thank you. Â I hope you all enjoyed this perfect weekend weather! Â 




Erin M. Fairley, Attorney
121 Lakeside Avenue, Suite 108
Seattle, WA 98122
mailto:efairley at advocateslg.com
Phone: (206)-535-7929; Cell: Â (206) 353-4625
http://www.advocateslg.com <http://www.advocateslg.com/> 



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