Asked in Estate Planning, Probate and Tax Law for Tennessee

Q: My father passed away with no assets, and outstanding debt. What is my probate or tax responsibility?

He was on medicaid in a nursing home and all of his income went to that. Do i have I have to file a will in probate if I am the only heir and their are no assets to distribute? I have also found out owed a significant amount in back taxes, do I have to file a return with the IRS if there is no money to pay outstanding taxes?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: There is no Statute mandating Probate of every Decedent's Estate. Many, many Next Of Kin make this mistake. If there are no assets to distribute, there is no purpose for a Probate. Also land rarely goes through an Estate. If something happens to go to you, worry about any possible lien attachments then.

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