What is the tax liability of my new spouse? 3 Answers as of March 07, 2011

If I remarry, will my new spouse be responsible for an outstanding tax liability if I die before it's paid off?

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Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
Your estate is the only one liable in the event of your death. So she would not be personally liable for your debts and her assets could not be attached by any taxing authorities for these previous debts. Note, however, that such debts must be paid by your estate before such estate can distribute your estate to beneficiaries. So if she is to receive assets from your estate, she could be indirectly impacted by such debts. You may want to explore some inexpensive term insurance to protect her and your other beneficiaries of your estate.
Answer Applies to: Pennsylvania
Replied: 3/7/2011
LT Pepper Law
LT Pepper Law | Luke T. Pepper
The tax liability is tied to your future spouse. If you file jointly going forward, the liability will be tied to both of you.
Answer Applies to: Pennsylvania
Replied: 3/6/2011
Meyer & Yee, LLP
Meyer & Yee, LLP | Kent W. Meyer
If the liability arose before marriage his estate is liable.
Answer Applies to: California
Replied: 3/6/2011
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