[WSBAPT] Insolvent probate with new tax bill

John White white at livengoodlaw.com
Fri Oct 7 06:29:47 PDT 2016


The P.R needs to be aware of 31 USC 3713, which imposes personal liability if others get paid ahead of the IRS. I am away from my office‎.

Contact the IRS rep that the CPA has been dealing with and get the contact info for the IRS personnel who deal with insolvent estates. You should be able to work something out.

Sent from my BlackBerry 10 smartphone.
From: Kristina devore
Sent: Thursday, October 6, 2016 11:02 PM
To: WSBA Probate & Trust Listserv
Reply To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Insolvent probate with new tax bill



I have an insolvent probate where the IRS has audited the tax return for the year prior to the decedent’s death and determined that he did not qualify for a tax credit that he claimed and therefore had underpaid for that year.  I am just learning of the audit and its outcome (new tax bill) as the PR and the CPA did not let me know this was going on until now.

Does anyone have advice on how I need to proceed?  There is not enough money in the estate to cover attorney fees so we will not be paying any creditors.

Thanks in advance for any advice.
Kristina




Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 201 NE Park Plaza Dr., Ste., 290 | Vancouver, WA  98684
Phone: (360) 695-0535 | Fax (360) 737-4154 | Kristina at devore-law.com




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