Signed parental rights away and now my deceased son left debt.

by Roland
(Salida, CA, USA)

I signed my rights away to my son so that his mother and her new husband could be a real family. My biological son died owing $1700 to the IRS. Who if anyone is legally responsible to pay it if there was nothing left?

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Oct 19, 2012
Signed parental rights away and now my deceased son left debt.
by: Debtcollectionanswers.com

Our condolences during this difficult time.

Your son, and only your son, is obligated to pay his IRS tax debt unless he was married and he signed a joint return with his spouse. If that was the case, then his widow will be responsible for it.

Otherwise, the IRS is entitled to be paid out of your son's estate -- the assets he owned at the time of his death -- cash, a car, house, motorcycle, etc. If your son did not own anything, then the IRS is out of luck. Neither you, nor your former wife or her new husband are obligated to do so.

If your son wrote a will before he died, his executor should contact the IRS to let it know of his death. The executor will need to provide the agency with a copy of your son's death certificate and proof that his estate cannot pay the tax debt. Once the IRS has that information, the IRS will probably cancel the debt.

If your son died without a will, call the IRS to find out what to do. The agency can also tell you what would constitute proof of the fact that your son's estate cannot pay the debt.

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