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Left over debt after distributions have been made

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Taxing Matters

Overtaxed Member
I agree but that only works if the assets are still in the estate and have not been distributed.
I disagree. It may still be useful to get the estate to file returns, settle debts, etc., even after assets have been distributed. And the newly appointed PR may be able to go after the old PR to recover assets for the estate to use to pay bills so that the beneficiaries don't have to pay it.
 


t74

Member
And there still is no punishment - or at least not significant - for the PR's abuse of trust and fiduciary responsibilities. At this point alI see happening is having her served by the sheriff at her workplace. Her prior acts are listed as felonies in the statutes but neither the city nor state will investigate. A night in jail would be nice to get her to obey a court order. You never expect your sibling to be dishonest and guilty of elder exploitation. It is likely to cost more to go after her than to pay the IRS if they come after the estate. While there were assets they apparently are now in a remodeled kitchen, new carpet, a new car, ... (and these are just the things we were told about.)
 

LdiJ

Senior Member
I disagree. It may still be useful to get the estate to file returns, settle debts, etc., even after assets have been distributed. And the newly appointed PR may be able to go after the old PR to recover assets for the estate to use to pay bills so that the beneficiaries don't have to pay it.
Ok. I was looking at it from a different point of view, but I can definitely see how getting the new PR to go after the old PR could have value. However, I would be leery of becoming the new PR in that scenario. I wouldn't want to have to argue with creditors or the IRS that I wasn't responsible for the old PR's actions.
 

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