Copper Wren Law

A Legal MinuteCautionary tales

Hidden Debts That Can Destroy an Estate

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The short answer

Debts a decedent never mentioned, such as unpaid taxes, can surface during probate. The speaker recalls an old case where years of unpaid taxes led to an IRS bill that wiped out the entire estate. She cautions against rushing payouts. After the creditor period, her firm's accounting shows every dollar paid out, backed by source documents.

From the full episode Avoiding Probate Litigation: Practical Strategies for Families in Arizona (19:59).

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Transcript

...You know, parents, siblings don't necessarily tell everybody every little thing they do, and they make it seem like everything's fine. And in one specific case that I had years ago, everybody said, "Nope, everything's great." Well, unfortunately, the decedent had not paid their taxes in seven years. So there was a six-figure IRS tax bill that wiped the estate completely out. There was no money left for anybody. And so nobody knew. How could you know?

Right.

And so I caution people, like, I hear you, and you're probably right. I hope you're right, but we need to kind of go through the steps and not rush it. And I think a lot of people, when they get in this position, they want to hurry, hurry, hurry, hurry, get it paid out, get it done, get it done, close it. And we can do it quickly, but we do have to move through the process appropriately.

After the creditor period is done, we will do an accounting, which is basically where we show every dollar that went out: to us, the tax preparer, you know, paying taxes ahead of time, any creditors. And that does come with source documents. So that will include bank statements, credit card statements, creditor claims. So it's not a take-my-word-for-it. It's a here's the document, and then here's the supporting material.

Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.

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Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.