Location: New York. Like the title says my brother 31 was the primary executor of our mom’s estate after she passed in 2021. She had debt she told us she had cleared with the IRS, but apparently she lied. The IRS is now garnishing my brother’s wages to pay the rest of the debt off as he was listed as primary executor of her will.
I thought that kids could not be forced to cover their parents debts after death. I’m just wondering if this is legal or if possibly my brother is lying to me about the debt and it’s actually his.
Comments
Has the estate been settled yet?
Your brother could have moved assets before your mom’s debt was settled through the estate.
Generally the IRS will work with you well before garnishing. The first step is to get a tax advocate.
I would ask your brother of the full accounting of your mothers estate and help him with the paperwork. Odds are he or the IRS comingled your mothers estate.
https://www.irs.gov/taxpayer-advocate
Did your brother work with an attorney in handling probate? That’s the first person he should contact. If not, then he needs to talk to either a probate attorney or a tax attorney. If he comes up with an excuse for not talking to a lawyer, that may tell you something.
You may also want to post on r/tax
New York does not have filial responsibility laws. Your brother cannot be forced to pay your mother’s debt.