Rhome, TX asked in Estate Planning and Tax Law for Texas

Q: My husband had a student loan before we met and got married. We are retired seniors. The irs wants me to pay hisdebt.

My husband is ill and unable to work. I have separate property I inherited years ago and want to pass it to my kids. He is not their dad. How can I protect it from the irs and his debt?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL

A: You are advised to hire a lawyer to help you inform the IRS of these important circumstances. If you are not a co-borrower or a guarantor on the student loan debt you have no legal obligation to repay your husband's student loan. However, if you and your husband are co-owners of any real property, bank accounts or other assets you should ask you lawyer to help you protect yourself before more trouble appears at your door.

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