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Probate and Tax Liability Question

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Reepime

Junior Member
What is the name of your state (only U.S. law)? NY and Federal

Probate (No Will) - Income Tax Liability

Probate Hearings are taking place in NY State as that is where my father lived and passed away. There was a substantial amount of taxes due. The court ordered that 86% of the tax liability was that of the surviving spouse and 14% of the tax liability was that of the estate. Currently, the estate is still pending only because the tax liablity of the surviving spouse has not been paid. The estate has been making payments on the surviving spouse's tax liability to prevent further interest/penalties.

Is there any way to sever the surviving spouse's tax liability so the estate can be settled?

Please note, the taxes are NY Income Tax and Federal Income Tax and last report had them totalling at roughly $125,000. Also remeber, Estate Tax Liability has been met and only the surviving spouse's tax liability remains.
 


Even with the court's judgment, the amount owed is owed jointly and severally. That is, New York can go after either for the cash. So, I don't think you can "sever" the liability.
 

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