LawKitty Posted January 31, 2012 Report Share Posted January 31, 2012 My mother passed away back in September 2010 and the estate has already gone through a formal probate and been closed. This creditor was sent notice of the estate and never made a claim. Now I'm receiving a 1099-C for a cancelled debt sent to my mother in care of me. This was not my debt, but my mother's debt, and the creditor had notice and did not make a claim against the estate within the 90 day creditor period. My question is this:Do I need to report this anywhere on my taxes? Does this have anything at all to do with my taxes? I live in Florida and my mother lived in Mississippi. Her will was probated in Mississippi.ThanksLawKitty Link to comment Share on other sites More sharing options...
1stStep Posted January 31, 2012 Report Share Posted January 31, 2012 Were you the executor/executrix for her estate?The estate will have to pay the taxes on it... you may want to consult a probate attorney or CPA to get some better guidance. Link to comment Share on other sites More sharing options...
chiquita55 Posted January 31, 2012 Report Share Posted January 31, 2012 I would call the probate court in MS and ask them about it but I don't think it would go thru your taxes. It would have to be paid out of her estate so I think you need to ask the probate court what to do now about it. Link to comment Share on other sites More sharing options...
Seadragon Posted January 31, 2012 Report Share Posted January 31, 2012 after the probate process, they have no standing to send you anything. the IRS really cannot go after you.I would call the IRS for tax questions they have a number and they will advise you.I believe the 1099 is way too late as it is 2 tax years late. You can only 1099 for the tax year the debt is excused in. The fact that they missed the boat and you are no longer the executrix/executor for the estate it has been already distributed.so check with the IRS and note this is probably an fdcpa violation.this is something I found way back when:http://www.creditinfocenter.com/forums/collections/304722-found-information-deceased-debtor-collections.html Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 31, 2012 Report Share Posted January 31, 2012 Talk to a CPA. There is a form that can be filed to avert the 1099 Link to comment Share on other sites More sharing options...
legaleagle Posted January 31, 2012 Report Share Posted January 31, 2012 Did you have a probate lawyer for her case? If so, give this to him. Link to comment Share on other sites More sharing options...
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