Can a property of a deceased person be transferred before the IRS gets it?
My mother passed away recently and she owed the IRS, can I transfer the title of her car into my name before it becomes a part of her estate?
CVM Law Group, LLP
| Jack S. Johal
Sacramento, CA
Sacramento, CA
It is already a part of her estate. If she owed the IRS taxes, then they may have already liened her assets, including her car . If you take the car and they discover that you changed title, they will pursue you for the value of the car. When dealing with the IRS, I highly recommend not playing any games. Pay the taxes, they are a liability of your Mother's estate. Once all of her debts and liabilities are paid, then her beneficiaries will receive the residue.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: THE HUBBARD LAW FIRM, P.C.
No, it is part of her estate if it is titled in her name alone at the time of her death. However, title can be transferred at the office of the Secretary of State if the value of the vehicle is less than $65,000.00 and you are a relative if you can show evidence that the car is to go to you or that you are the sole heir of your mother so from an estate administration standpoint it does not have to be administered through the probate court. However, you should realize that if there is a lien filed as to the tax liability, that liability will still be enforceable against the car if the IRS want to pursue it.
Answer Applies to: Michigan
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mankus & Marchan, LTD
Property of the decedent cannot be disposed of without going through the proper legal proceedings - usually probate - which requires creditors to be notified so that they could file a claim against the estate.
Answer Applies to: Illinois
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
It was property of her estate the minute she died, so transferring it now is a fraud against her creditors, who can come after you as the recipient of the property.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bricker & Eckler
The are a number of items at play here. First, the car should already be part of the estate, because your mother has already died. I would assume the car will need to go through probate, so you transferring it may cause all sorts of problems and issues with the title. If it is part of a trust, the trust document will control transfer. Second, the IRS can pursue its claims against the assets of the estate. Third, the IRS can pursue transferred assets in other words, the IRS could come against you to recover an asset that was transferred to you by a debtor/taxpayer. Fourth, if you engage in a transfer to hinder or delay IRS collection or to defraud the IRS, you may encounter criminal problems you don't want to get caught up in that net. Seek professional representation before doing anything so that you don't dig a legal pit for yourself.
Answer Applies to: Ohio
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Steven J. Fromm
No way. Liabilities and debts must be paid from the estate before assets can be distributed to beneficiaries.
Answer Applies to: Pennsylvania
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Pennsylvania
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Tax
- Are there any tax consequences for depreciating an income property?(1/16/2012)
- How do I settle an employment discrimination suit without paying a lot of taxes?(11/9/2011)
- What can I do to get the refund from IRS?(11/9/2011)
- Do I need a Tax ID number to sell items if I am not registered as non-profit?(11/9/2011)
- How does marrying affect your taxes?(11/9/2011)
- Can a property of a deceased person be transferred before the IRS gets it?(10/17/2011)
- How much tax should I pay on a foreign currency exchange?(10/10/2011)
- Can I appeal a tax audit made by the IRS?(10/5/2011)
- Can I file a case against a Tax Cut program?(9/27/2011)
- Can someone claim my kids on their 2011 tax return, other than me?(9/27/2011)
- How can I resolve a lien on the estate?(9/27/2011)
- Is there a statute of limitations for unpaid tax?(9/17/2011)
- How can I reduce my monthly tax payment to the IRS?(9/17/2011)
- Would there be a way to get back the money I paid for the IRS for taxes?(9/17/2011)
- Would there be a way for me and my former husband share the tax that we owe?(9/17/2011)
- What should I do if the IRS wants to garnish pay from the company I sub contract for?(9/13/2011)
- What will happen if I go to court for claiming more than one dependent on my tax return?(9/12/2011)
- What can we do if there was a mistake on our tax form?(9/8/2011)
- What should I do if the IRS contacted me about a debt?(9/3/2011)
- How can I reduce my monthly payment on delinquent IRS taxes?(9/2/2011)
