Kissimmee, FL asked in Tax Law for Florida

Q: Is my mom responsible for reemployment taxes my father owed when he was alive from a corporation solely under his name?

They were married at the time of his death. Also, the corporation was dissolved while he was alive.

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: Although I would need the exact relevant dates to be able to answer confidently, I will say--generally--that unless your mom had some real ownership in your dad's old company she is not PERSONALLY liable for the unemployment taxes owed to the state.

Whether your dad dissolved his corporation or not is irrelevant. RULE: Taxes owed are always taxes owed--forever.

CAVEAT: Having said that, I wanted to be sure you tell your mom that Florida can file a claim for the unpaid taxes in any probate action; and Florida (or any other creditor) can also OPEN a NEW probate action if they suspect that your dad's estate has sufficient assets to repay his company's tax debts to Florida.

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