Father passed away unexpectedly and hasn’t filed taxes in 10 years—what now?

Seeking Advice
1

I know this forum might not be the best place for legal advice, and I do plan on reaching out to a lawyer, but I wanted to start here.

My father passed away recently. He didn’t have any significant assets—just personal belongings and his last paycheck. Because of that, we didn’t have to go through probate. But now it’s tax season, and I just found out that he hasn’t filed taxes in about 10 years.

I’m not sure what to do. If I file and he owes back taxes (which seems likely), I have no way to pay that debt. Am I legally required to file for him? Has anyone dealt with something similar?

2

You are not responsible for his taxes. If he owed anything, it would come from his estate, not from you. Since he didn’t leave behind assets, there’s nothing for the IRS to collect. You can ignore it.

3

Ozzy said:
You are not responsible for his taxes. If he owed anything, it would come from his estate, not from you. Since he didn’t leave behind assets, there’s nothing for the IRS to collect. You can ignore it.

Exactly. You don’t have to pay off his debts, including taxes. If there were assets, creditors could go after those, but since there aren’t, they have nothing to collect.

If debt collectors start calling, just tell them he has passed and never contact you again. If they persist, report them.

4

@Otis
This applies to any kind of debt. Don’t even hint that you might be willing to pay, or they’ll try to hold you responsible.

5

Ozzy said:
You are not responsible for his taxes. If he owed anything, it would come from his estate, not from you. Since he didn’t leave behind assets, there’s nothing for the IRS to collect. You can ignore it.

If you want to be extra cautious, you can file his final tax return and mark ‘Deceased.’ The IRS might ask about assets, but once they see there aren’t any, that should be the end of it. Filing for the past 10 years is unnecessary.

6

Someone told your dad that death and taxes are unavoidable, and he sure tried his best to prove them wrong.

7

MAZE said:
Someone told your dad that death and taxes are unavoidable, and he sure tried his best to prove them wrong.

No kidding! He would have loved this comment.

8

Sorry for your loss. You don’t have to do anything. If collectors call, just tell them he’s deceased and hang up. They have no claim against you.

9

Barbara said:
Sorry for your loss. You don’t have to do anything. If collectors call, just tell them he’s deceased and hang up. They have no claim against you.

Thanks for this. Should I notify his credit card companies or just ignore them?

10

@Ann
You can tell them he passed, but you’re under no obligation to deal with them. If they ask for proof, you can send a copy of the death certificate, but that’s it.

11

You can walk away from this. You don’t have to file anything.

12

Are you the executor or next of kin? If he had no assets, there’s no estate to manage, and you don’t need to file anything.

If you’re listed as a beneficiary on any bank account, that money legally passes to you. The IRS can’t touch it. Just don’t use his money to pay off debts.

13

@Vanessa
I’m his next of kin and was listed as the beneficiary on his bank account. He had no house, car, or savings—just some personal belongings. I’m also now dealing with my grandmother’s situation since she relied on him for support.

14

@Ann
Since you’re the beneficiary, that bank account money is legally yours. You don’t have to use it to pay off his debts, including taxes.

15

People are saying to walk away, but if he had W-2 jobs, he might have been owed refunds in previous years. Could be worth checking.

16

If you took money from his estate (like a final paycheck), technically that could be used to pay any owed taxes. But if he had no estate, there’s nothing to worry about.

17

Teo said:
If you took money from his estate (like a final paycheck), technically that could be used to pay any owed taxes. But if he had no estate, there’s nothing to worry about.

He had less than $2,000 in his account. I haven’t touched anything yet.

18

If he was a W-2 employee, he might have overpaid taxes through paycheck deductions and could be owed a refund. Worth looking into before deciding what to do.

19

The IRS won’t come after you, but they might still owe him money. If his employer deducted taxes from his paychecks, he could be due a refund.

20

If he had no estate, you don’t need to file anything. If he was due a refund, you’d have to file to claim it. If you’re unsure, you could request his tax transcripts from the IRS to see his history.