[WSBAPT] Insolvent decedent and IRS

[Martin]

Show me or someone the forms if you can.  IRS might want someone to sign a form 2848, power of attorney, otherwise I could not say unless I saw the forms or the letter of which IRS speaks.  2848 is odd because who would give the power of attorney?  A little odd, the 29K “asserted” and then “unasserted?”

 

 

MARTIN SILVER, LLM TAXATION, NYU

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From: wsbapt-bounces at lists.wsbarppt.com On Behalf Of Margaret Delp
Sent: Monday, December 6, 2021 4:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Insolvent decedent and IRS

 

Hello everyone:

Client was DPOA agent for her elderly mother. Elderly mother had no assets, literally not a single cent to her name. While mother was still living, the IRS asserted that she owed the IRS $29,000. Client advocated for her mother with the IRS and got confirmation on telephone that no money was owed, apparently there had been some error or identify theft or something of that nature. Elderly mother then passes away. Client sends IRS the death certificate. IRS responds that client needs to send the Will and then sign some forms. Client has no intention of filing a probate. She will file the Will in Superior Court as a “will only filing”. Does the client need to respond to the IRS at all?  What forms would the IRS be asking her to sign? Any downside for client in doing nothing? We are looking for the least effort, no cost path.

Thanks,
Margaret

 

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Law Office of Margaret Delp

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