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Year's Support and Back Taxes (Real Estate & Property Law)

Thu, 17 Sep 2009 11:31:00 GMT

My question involves estate proceedings in the state of: GA.

The surviving spouse listed the various tax agencies on the petition for a year's support. No objections were filed. The value of the estate awarded due to the year's support order would be sufficient to pay the back taxes but again, no objections were filed.

Complicating matters is most of the back tax liability (99%) was generated by the income of the deceased spouse as the surviving spouse did not work thus had very little taxable income. Finally, the tax collection letters themselves are only addressed to the deceased spouse so does this mean the debt was solely the deceased's responsibility preventing the agencies from going after the surviving spouse?

If the federal and/or state taxes are not eliminated, why not, and what other options are available? Someone suggested that the surviving spouse could re-file her taxes (as far back as the law allows) to not be joint, but it would be easier if the order for year's support alone is sufficient.

Thanks in advance!

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  • Sun, 20 Sep 2009 08:47:00 GMT(1)
  • Who are you and why are you asking? And what are you trying to ask? If you're asking if somebody can still be nailed for tax fraud if they initially get away with cheating due to the death of a spouse, yes they can.
  • Sun, 20 Sep 2009 13:51:00 GMT(2)
  • This has nothing to do with tax fraud. As the subject stated, it has to do with back taxes and the order for a year's support to the surviving spouse in GA. I'll recopy the original question "If the federal and/or state taxes are not eliminated, why not, and what other options are available?"

    If your state and/or you are not familiar with what at least in GA is called a year's support, then this situation will not make sense to you.
  • Leave a Comment Now.

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