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question on will and irs debt

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What is the name of your state (only U.S. law)? florida

I owe the IRS money and have been deemed to be uncollectible by virtue of national standards. The debt I have with IRS was incurred before I got married.

My wife just received an inheritance in her name only. There will be no co-mingling of the funds. Either they will stay where they are in her name or she will open a bank account and only those funds will be in that account.

Does IRS have any recourse to take the money in her account, which is in her name only.

Thanks for any input.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? florida

I owe the IRS money and have been deemed to be uncollectible by virtue of national standards. The debt I have with IRS was incurred before I got married.

My wife just received an inheritance in her name only. There will be no co-mingling of the funds. Either they will stay where they are in her name or she will open a bank account and only those funds will be in that account.

Does IRS have any recourse to take the money in her account, which is in her name only.

Thanks for any input.
No, the IRS cannot touch her money. They cannot attach any assets for your debt unless your name is on those assets.
 
Thank you for the reply, it is greatly appreciated.

Right now I am the only one in the family working, however am I correct in assuming that if my wife was to also work (and even though her paychecks would be in a bank account in her name only) that IRS will consider that part of the household income and using the national standards, they can ask for anything above that amount considering both incomes(even though the debt is mine alone and incurred before our marriage)

Thanks again for your input
 

LdiJ

Senior Member
Thank you for the reply, it is greatly appreciated.

Right now I am the only one in the family working, however am I correct in assuming that if my wife was to also work (and even though her paychecks would be in a bank account in her name only) that IRS will consider that part of the household income and using the national standards, they can ask for anything above that amount considering both incomes(even though the debt is mine alone and incurred before our marriage)

Thanks again for your input
Yes, its possible that you could be taken off uncollectable status before the statute of limitations expires. For many different reasons, not just household income.
 
What are some reasons that I could be taken off uncollectible status that don't have to do with household income?

The money received from the inheritance my wife got wouldnt be one of them correct?(in her name only in her account only with no other money in it).

Thanks again, your assistance is greatly appreciated
 

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